नायर सर्विस सोसाइटी बनाम के.सी. अलेक्जेंडर
| Citation | AIR 1968 SC 1165 |
| Court | Supreme Court of India |
| Date | 12 December 1967 |
| Year | 1968 |
| Bench | K. Subba Rao, J.M. Shelat, V. Ramaswami JJ. |
| Acts/Articles | Transfer of Property Act Sections 106, 111, 116 |
| Category | Property & Land Law |
Key Principle Established
A tenant who holds over after expiry of lease period becomes a tenant-at-sufferance. The landlord can evict such tenant by giving reasonable notice. Tenancy rights are governed by the terms of the lease.
A tenant continued in possession after the expiry of the lease period. The landlord sought eviction.
The Court held that a tenant who holds over after lease expiry becomes a tenant-at-sufferance if the landlord does not consent to the continuation. The landlord’s acceptance of rent after lease expiry may create a new tenancy (tenancy by holding over under Section 116 TPA), but this is rebuttable. The landlord can evict by giving notice as prescribed under Section 106.
This is a foundational authority on holding-over tenancy and the rights of landlords and tenants after lease expiry.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.