Showing : 71-80 of 289 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Quit notice - Eviction - Lease agreement that tenancy is from month to month - Issuance of quit notice is mandatory - No notice determining tenancy issued and served upon tenant - In the absence of notice determining tenancy suit for eviction cannot be decreed...........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Eviction - Notice - Tenant pleaded that building in question was given on lease for manufacturing purposes and he was carrying the business of garment manufacturing, thus tenancy was terminable with a six months prior notice - Plea rejected as neither in the pleading nor in the evidence produced..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Notice - Eviction suit - Plaintiff proved that he had sent the notice to defendant by registered post at the correct address and same was returned with postal endorsement of `refusal' - Presumption u/s 114 of Evidence Act r/w S.27 of General Clauses Act raised against defendant that he had refused..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Quit notice - After expiry of lease if possession of tenant is without consent of landlord, he would be a tenant at sufferance - Tenant at sufferance is not entitled to a notice of ejectment in law...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Notice - Eviction suit - Notice sent by registered post at correct address - Refused by addressee - Notice shall be deemed to have been served in view of S.27 of General Clauses Act - Mere denial that notice was not refused by petitioner not enough to rebut presumption of service until and unless..........
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..........
DELHI HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106-- Notice - Service of summons of suit can be taken as notice u/s 106 of Transfer of Property Act, 1882...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106(1)- - Filling of suit by Receiver to preserve estate - Validity - Held, if notice is short of period specified in S.106(1) but suit or proceeding is filed after expiry of period mentioned in S.106(1), notice shall not be deemed to be invalid and as such suit filed by Receiver to preserve estate would..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 106, 116-- Tenant holding over - Can rely on the condition of length of notice incorporated in the original lease for the purpose of seeking a `contract to the contrary' for the purpose of S.106 of the Act...........

Showing : 71-80 of 289 Results