Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Period mentioned falling short of the prescribed period - Suit filed after expiry of period mentioned in the provision - Notice not invalid...........
Transfer of Property Act, 1882, Section 106 -- Notice - A quit notice must be construed not with a desire to find faults in it, but it must be construed in a common sense way...........
Transfer of Property Act, 1882, Section 106 -- Notice - Mere acceptance of rent by landlord subsequent to issuance of legal notice u/s 106 of the Act does not amount to waiver of termination notice...........
Transfer of Property Act, 1882, Section 106, 108, 111 -- Tenant at will -Lease - Terms and conditions - Interpretation of - Lease deed not specifying any duration - Permitting lessee to hold land for ever subject to right of lessor to resume the land by giving one month's notice - No grant in perpetuity - Right of lessor to resume land by giving one month's notice is..........
Transfer of Property Act, 1882, Section 106, 108, 111 -- Lease in perpetuity - Construction of - Absolute discretion to resume land at any time without assigning any reason and absence of any express grant in perpetuity and absence of any consideration, militates against the instrument being construed as lease in perpetuity...........
Transfer of Property Act, 1882, Section 106, 107, 116 -- Lease for 20 years - Term in lease deed for its renewal for two terms of 10 years thereafter - Lease deed not executed for further period of 10 years after expiry of lease - Lessee continued to hold the property and lessor accepted the rent - Lease does not continue on the same terms and conditions for further period..........
Transfer of Property Act, 1882, Section 106 -- Notice to quit - Reasons need not to be stated - Only a notice to quit giving 15 days time is enough to demand to vacate and hand over the vacant possession of the suit property...........
Transfer of Property Act, 1882, Section 106 -- Notice to quit - Waiver - Money accepted by landlord after notice to quit was rent arrears for period prior to notice - Does not amount to waiver...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Service of notice - Notice served on Karta of family - Karta being representative of the entire Joint Hindu Family, inclusion of other heirs of deceased tenant not necessary - Decree would be binding on all the joint tenants...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Quit notice - Sent as per registered post acknowledgment due to correct address - Notice returned unserved with endorsement 'addressee absent continuously for seven days' - Notice is presumed to have been served - Burden shifts to party claiming non service to rebut presumption - In..........
