Transfer of Property Act, 1882, Section 106 -- Eviction notice - Validity - Notice of ejectment was sent by plaintiff by registered post with A/D asking the defendant to quit and vacate the suit premises - Notice was received by defendant by putting his signature on the A/D card - Notice is valid...........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - As and when an eviction suit is filed under the general law in the State of Haryana, this in itself is a notice to quit tenant - No prior notice u/s 106 of the Act to quit is required to be given in order to get a decree of eviction against tenant...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - Lease deed executed for a fixed period of 30 years - Rent payable annually - Lease shall be deemed to be yearly lease with secured terms of 30 years - Quit notice issued by landlord by granting 15 days notice is contrary to S.107 of the Act, as termination of lease can be made only by issuing a quit..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Sent at correct address - Notice received back with endorsement "refused to accept" - It cannot be said that notice was not properly served...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Notice can be sent by person sending it or through counsel for landlord...........
Transfer of Property Act, 1882, Section 106(4) -- Quit notice - Mode of service - Provision envisages four modes of service of notice, viz. (i) notice must be in writing, signed by or on behalf of person giving it and either be sent by post to party who is intended to be bound by it, or (ii) notice must be tendered or delivered personally to such party, or (iii) it should..........
Transfer of Property Act, 1882, Section 106 -- Notice - Notice to quit must be construed not with the idea of finding fault with it, which would render it defective, but it must be construed at res magis valeat quam pereat - The same should not be read in a hyper technical manner, but it should be read as to what the same would have meant to the recipient/tenant in..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Premises in question is residential accommodation and thus fifteen days quit notice is essential - Oral and documentary evidence on record to substantiate the same - There is no much dispute with regard to issuance of quit notice and service on defendant - Duration of tenancy is 36 months as per lease deed and..........
