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...........
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...........
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 on date of execution and..........
Transfer of Property Act, 1882, Section 106 -- Notice - Telegraphic notice - Not a valid notice as it does not satisfy requirement of S.106(4) of the Act...........
Transfer of Property Act, 1882, Section 106, Arbitration and Conciliation Act, 1996, Section 8 -- Expiry of lease period - Arbitration clause does not survive - Determination of lease on expiry of lease agreement - Suit for possession and damages on account of use & occupation - Subsistence of a lease under a lease deed would only be up to the period specified there in and..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not..........
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 also not produced any rent..........
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...........
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 of landlord would not..........
Transfer of Property Act, 1882, Section 106, 111(g) -- Eviction - Applicability of TP Act, 1882 - Suit premises situated in an area where the Tamil Nadu Buildings (Lease and Rent Control) Act is not applicable - Held, only the Transfer of Property Act is applicable...........
