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Results of transfer of property act s 105

Showing : 1-10 of 137 Results

KERALA HIGH COURT

Year of decision: 2019
Details

Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Licence or lease - Nature of document - Exclusive possession was not handed over to defendant under document in question - Only a permission to occupy premises for conduct of business was granted - Parties are bound by agreement executed between parties - Construction of agreement would show..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 105 -- Lease/sub-lease - Payment of rent is essential element of lease or sub-lease - It may be paid in lump sum in advance covering the period for which premises is let out or sub-let or it may have been paid or promised to be paid periodically...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105, Specific Relief Act, 1963, Section 6 -- License or lease - Defendant granted license to plaintiff to carry on business of selling jewellery and handicrafts within hotel lobby - No interest created in respect of shop by defendant in favour of plaintiff - Plaintiff was not in exclusive possession..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Differentiation - Intention assumes importance in differentiating between two transactions...........

KERALA HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 105 -- Lease - Without specifying terms of lease - Such lease can be terminated and properties can be recovered back from the lessees, if lessors choose to recover the properties...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 105, 111 -- Lease deed - Proof of - Power of Attorney holder, son of landlord deposed in respect of said agreement on basis that he was present when terms of tenancy were discussed - Evidence of said witness cannot be discarded on ground that when landlord himself was available, his power of attorney holder could not depose in..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 103 -- Lease - Eviction suit - Sub-letting - Burden of proof - Defendant was inducted as sub-tenant by plaintiff - He admits to have taken the suit premises on sub lease from plaintiff in his written statement - However, specific plea is taken by defendant that he became a direct tenant under original..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 105 -- Lease - Eviction suit - Tenant taken a plea that plaintiff is a foreign national and cannot hold property in India, thus eviction suit not maintainable - Plaintiff admitted that she was not Indian by birth but she acquired Indian citizenship in the year 1989 - No evidence produced by defendant to substantiate his plea - Plea..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Stamp Act, 1899, Section 2(16)(c), Transfer of Property Act, 1882, Section 105 -- Lease - Expression "Lease" under Stamp Act has a wider meaning as compared to its original meaning contained in S.105 of T.P. Act, in view of use of expression "and includes also" in S.2(16) of Stamp Act...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Transfer of Property Act, 1882, Section 105 -- Lease - Property belonging to deity - Mohatmim/mahant of property can execute lease only for the benefit of estate or for legal necessity - Execution of lease without such conditions is illegal, null and void and creates no right, title and interest in favour of plaintiff - Lease deed rightly cancelled by Temple...........

Showing : 1-10 of 137 Results