Landlord and Tenant-- Subsequent Agreement to Sell Between Landlord and Tenant -- Does not ipso facto determine tenancy absent surrender
(i) Transfer of Property Act, 1882, S.111(e)/(f) -- Tenancy -- Subsequent Agreement to Sell Between Landlord and Tenant -- Execution of an agreement to sell between landlord and tenant does not by itself determine the subsisting tenancy. Determination occurs only where the terms of the agreement or the unequivocal conduct of parties disclose an express or implied surrender within the meaning of Section 111(e) or (f). (ii) Transfer of Property Act, 1882, S.53A -- Part Performance -- Continued Possession of Tenant After Agreement to Sell -- Continuous possession of a tenant after execution of an agreement to sell does not amount to part performance unless such possession is shown to be directly relatable to and flowing from the agreement. Possession retained in the pre-existing character of tenant, without disavowal of that character, is inconsistent with a plea of part performance. An unregistered agreement to sell confers no title or interest in the property.
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