Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, 63, 14, 27, 32P, Transfer of Property Act, 1882, Section 105, Succession Act, 1925, Section 59 -- Agricultural holdings - Term `assignment' in S.43 of Act of 1948 includes testamentary disposition...........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, Succession Act, 1925, Section 59, Transfer of Property Act, 1882, Section 105 -- Agricultural holdings - Testamentary disposition to non agriculturist - S.43 including testamentary disposition of agricultural holdings is not invalid for incidental encroachment upon provisions of Central Act i.e. Succession Act...........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Two conditions are mandatory to attract S.111(d) of the Act, viz : (i) it is only tenant who should acquire property of landlord; and (ii) tenant should purchase assignment of rights of landlord in property in its entirety...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Tenancy - Petitioner admits that she is not tenant of disputed premises and has purchased 1/3rd share of one of co-owners of property and not entire ownership interest in disputed premises - Twin conditions of applicability of doctrine of merger of tenancy are lacking - Doctrine of merger is..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Plaintiffs father mortgaged ancestral property in favour of defendants - Defendants admitted that suit property was mortgaged in their favour - Relation between parties as mortgagor and mortgagee duly established - Defendant failed to establish that un-registered sale deed was signed by owner of suit..........
Transfer of Property Act, 1882, Section 108(B)(e), (108)(B)(I) -- Rights and liabilities of lessor and lessee - In the absence of contracts or contractual stipulations provisions of the Transfer of Property Act would govern tenancies and leases...........
Transfer of Property Act, 1882, Section 108(B)(e) -- Lessee to seek protection u/s 108(B)(e) of the Act, there has to be complete destruction of property which is permanent in nature due to force majeure event - Until and unless there is a complete destruction of property S.108(B)(e) of the Act cannot be invoked...........
Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Temporary non-use of premises due to lockdown which was announced due to COVID-19 outbreak - Cannot be construed as rendering lease void u/s 108(B)(e) of the Act - Tenant cannot also avoid payment of rent in view of S.108(B)(I) of the Act...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
