Transfer of Property Act, 1882, Section 106 -- Notice - Amendment of 2003 - Eviction suit - Though suit was filed in 2002 but said amending provision of Act having retrospective effect - As per amendment no objection with regard to termination of tenancy is permitted on the ground that legal notice as long as a period of 15 days was otherwise given to tenant to vacate the..........
Transfer of Property Act, 1882, Section 106 -- Notice - Service of summons in the suit can be held as notice u/s 106 of the Act for terminating tenancy...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Waiver - Tenant continued to remit rent by way of demand draft after quit notice - Landlord received rent without demur and unconditionally over years, during pendency of suit - Held, it amounts to waiver of quit notice even if receipt of said amounts established as damages for use and occupation...........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - A lease granted for any purpose, be it residential, commercial, manufacturing or agricultural can be made only by a registered instrument if duration of the lease is for the period year to year basis or for any term exceeding one year or reserving a yearly rent - But a lease for the same purpose of a lesser..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Tenancy of immovable property for any purpose other than agricultural or manufacturing created by an unregistered instrument would be deemed to be month to month tenancy even where the tenant has paid annual/yearly rent to landlord...........
Transfer of Property Act, 1882, Section 106, 8, Companies Act, 1956, Section 189, 34 -- Lease of industrial plots to Company - Transfer of interest by Company without consent of lessor - Demand of transfer fee - Lease deed prohibiting transfer of plot, change in memorandum and articles of association, or change in capital structure of lessee company without consent of..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - When eviction of tenant is sought by issuing quit notice u/s 106 of T.P.Act before instituting suit, proof of default in payment of rents is not a relevant ground for eviction...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Tenancy from month to month - S.106 of the Act gets attracted irrespective of the duration of lease fixed therein - A tenancy from year to year or from month to month does not come to an end by efflux of time even if its duration is fixed - It is the nature of lease which is more important than the duration of..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - S.106 of the Act gets attracted when tenancy is from month to month - A stipulation that rent is payable monthly also raises a presumption that tenancy is from month to month...........
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...........
