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Results of 106 transfer of property act

Showing : 41-50 of 305 Results

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Clause in agreement that landlord is entitled to terminate tenancy in case there is breach of terms of agreement or in case of non payment of rent for three consecutive months and tenant fails to remedy the same within a period of thirty days of the receipt of notice - Held, said clause is clearly..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Agreement can be admitted in evidence and even relied upon to prove factum of tenancy but terms of the same cannot be used to derogate from the statutory provision of S.106 of the Act, which creates a fiction of tenancy in absence of a registered instrument creating the same...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 106 -- Expression `contract to the contrary' cannot be read to mean that parties are free to contract out of express provisions of law, thereby defeating its very intent - Contract must be a valid contract...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 106 -- Notice - Even filing of suit amounts to service of notice u/s 106 of the Act...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 106 -- Provisions of TPA Act in terms of S.106 of the Act are not applicable in State of Punjab - However, only equitable principles are applicable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 106 -- Notice - Suit for possession - Plea of no, service of summons - Plaintiff validly terminated tenancy by issuing notice u/s 106 of the Act - Service of summons u/s 106 of the Act was proved - Even filing of suit itself amounts to notice and suit cannot be dismissed on the ground of no, service of summons - Suit rightly decreed...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 107, 106 -- U, registered agricultural lease - Not admissible in evidence and cannot be looked into for the purpose of determining duration of lease - Since lease being admittedly agricultural lease, same can be deemed to be from year to year in view of provision of S.106 of the Act...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 105, 106, Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17 -- Lease - Unregistered - Relationship of landlord and tenant established by other evidence available on record - Non-registration of lease agreement is immaterial for establishing relationship of parties as landlord and tenant...........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable..........

Showing : 41-50 of 305 Results