A dealer of the Hindustan petroleum took on lease some premises for a period of ten years. On the expiry of lease period, the landlord refused to review the lease. After giving notice to quit, he filed a suit for eviction of his tenant. However, the tenant continued in possession of the suit property and paid the rent regularly. The landlord accepted the rent under protest. He also made it clear that the money being paid by the tenant would be adjusted against the damages which the tenant is liable to pay for wrongful possession of the suit property. Under the circumstances, the tenant took the plea that he has become ‘tenant by holding over’ under section 116 of the Transfer of Property Act, 1882, inasmuch as the rent is being accepted by the landlord. Decide whether tenant would succeed.          (15 Marks)

By: Abhipedia