Transfer of Property Act, 1882, Section 106 -- Notice - Quit notice must be construed liberally and broadly so as to find the intention of the parties and not with a desire to find faults and render it defective - Notice should be read in a pragmatic and not in a pedantic manner...........
Transfer of Property Act, 1882, Section 106 -- Notice - `Your tenancy is hereby terminated' - `Hereby' - Meaning - Re-construed as termination `though the said notice' and `Not with effect from the date of notice'...........
Transfer of Property Act, 1882, Section 106 -- Month to month tenancy - Fifteen days notice be given for termination, expiring with end of month of tenancy - Tenancy commencing from 11th of a month and ending by 10th of succeeding month - Notice dt.17.3.1986 to vacate premises on or before 10.4.1986 - Notice gives more than 15 days time - Notice is valid...........
Transfer of Property Act, 1882, Section 106 -- Notice - Mere fact that additional amount towards water tax and house tax was claimed as part of rent which could not ultimately be proved, does not make notice invalid (U.P.Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, S.20(2)(a)...........
Transfer of Property Act, 1882, Section 106 -- Notice - Appellant inherited tenancy rights as one of the heirs - Status of appellant is that of a joint tenant - Decree for eviction against other co-tenants is binding on appellant too even if notice to quit is not served on her and is not impleaded in suit...........
Transfer of Property Act, 1882, Section 106 -- Notice - Presumption as to letter properly addressed reaching to addressee is rebuttable - If the statement of defendant/addressee is found trustworthy, then merely because the postal peon came and deposed is not sufficient - Defendant not residing within the jurisdiction of post office from which the postal peon examined -..........
Transfer of Property Act, 1882, Section 106 -- Notice properly addressed sent as per registered post - Notice was also addressed to proprietor at his residential address - If somebody received the registered A.D. notice on behalf of the defendant it cannot be said that the defendant has not been properly served...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Notice terminating the tenancy after receipt of the notice and request to clear the arrears of rent and hand over possession within 30 days of the receipt of notice - Held, it is a valid notice...........
Evidence Act, 1872, Section 114, Transfer of Property Act, 1882, Section 106 -- Illus. (f) - Presumption regarding service of notice sent by registered post, correctly addressed - Acknowledgement received showing its receipt - Presumption of service of notice arises - However, this presumption can be rebutted by the addressee by appearing as a witness and stating that he..........
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114 -- Notice sent by registered post - not received back - Valid presumption is that it is received by the defendant...........
