What is Effect of holding over? Section 116 of Transfer of Property Act, 1882
116. If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106.
Illustrations
(a) A lets a house to B for five years. B underlets the house to
C at a monthly rent of Rs. 100. The five years expire, but C
continues in possession of the house and pays the rent to A. C's
lease is renewed from month to month.
(b) A lets farm to B for the life of C. C dies, but B continue in possession with A's assent. B's lease is renewed from year to year.
Section 106 - Duration of certain leases in absence of written contract or local usage
Section 108 - Rights and liabilities of lessor and lessee
Section 109 - Rights of lessor's transferee
Section 110 - Exclusion of day on which term commences
Section 111 - Determination of lease
Section 112 - Waiver of forfeiture
Section 113 - Waiver of notice to quit
Section 114 - Relief against forfeiture for non-payment of rent
Section 114A - Relief against forfeiture in certain other cases
Section 115 - Effect of surrender and forfeiture on under-leases
Section 116 - Effect of holding over
Section 117 - Exemption of leases for agricultural purposes
CHAPTER VI OF EXCHANGES
Section 118 - Exchange defined
Section 119 - Right of party deprived of thing received in exchange
Section 120 - Rights and liabilities of parties
Section 121 - Exchange of money
CHAPTER VII OF GIFTS
Section 123 - Transfer how effected