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ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Notice - Eviction suit - Tenancy of a period of three years on month to month basis - It cannot be said that parties intended to create tenancy for fixed period of three years - Rent note is not a lease deed which may require registration - It is simply a memorandum creating tenancy from month to..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106, 116-- Tenant holding over - Eviction suit - Tenancy of month to month does not come to end by efflux of time and same comes to end only on expiration of notice to quit as per terms of S.111(h) of T.P.Act - In instant case, defendant being a tenant holding over was entitled to six months notice in terms..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Quit notice - Failure to mention specific date of termination of tenancy - However, quit notice clearly conveyed the intention to terminate tenancy - Precise words are immaterial provided notice expresses a clear and unequivocal intention to terminate tenancy - Held, notice is valid...........
DELHI HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Notice - Relationship of landlord and tenant admitted - Held, service of summons in suit for ejectment can always be treated as a valid notice for terminating tenancy u/s 106 of the Act...........
DELHI HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Notice - Validity - A paragraph in the notice that contractual tenancy is terminated - Held, this is a valid notice as there is sufficient compliance of law as per S.106 TPA...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106-- Notice - Eviction suit - Defendant entered into an agreement to sell with plaintiff regarding part of tenanted property during pendency of suit - Relationship of landlord/tenant cannot came to an end on execution of agreement to sell especially in view of fact that possession was to be delivered..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106-- Eviction - Nature of tenancy - Evidence of - Held, tenancy can be written as well as oral - For ascertaining nature of tenancy, dimensions of rented premises and other terms of tenancy, primary evidence is rent deed or instrument of tenancy - In present case, besides rent deeds, appellants have..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 80, Transfer of Property Act, 1882, Section 106-- Compose notice u/s 106 TPA & S.80 CPC - Composite notice does not nullify the effect of the notice u/s 80 CPC - Notice terminating tenancy u/s 106 TPA does not simplicitor entitle plaintiff to bring the suit in violation of the provision of S.80 CPC against the State...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106, 111(g)-- Eviction - Default in payment of rent - Validity - Termination notice issued by plaintiff/landlord to defendant granting 15 days' time to vacate property - Tenant holding over premises from month to month as initial period of lease for 11 months had expired - Held, question of forfeiture on part..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106-- Termination of tenancy - Suit for recovery of possession - Application filed by respondent/landowner for summary judgment under chapter XIII-A of High Court Rules, Original Side - Affidavit-i, Opposition filed by appellant/tenant contending that termination was wrongful as it was done contrary to..........

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