Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Cannot apply unless and until entire interest of lessor stands acquired by lessee and there has to be complete union of whole interest...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Land in question was leased to religious, educational and other institutions - Celebrating a religious function in said land on a day does not amount to use by lessee of said land for a purpose other than that for which property was leased - Determination of lease by forfeiture, is not proper...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Arbitration - When disputes arise between landlord and tenant with regard to determination of lease under the Act, landlord to secure possession of leased property in a normal circumstance is required to institute a suit in Court which has jurisdiction - However, if parties in contract of lease or in..........
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..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - After expiry of lease, merely not choosing right to seek possession in terms of lease deed, does not foreclose rights of lessor as owner of property...........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - Failure of tenant to prove forfeiture of tenancy prior to expiry of lease period - Mere non-payment of rent does not amount to forfeiture of tenancy - However it only confers right on landlord to seek possession - Landlord filing suit within 12 years..........
Transfer of Property Act, 1882, Section 111 -- Termination of lease - Sub-letting - Lease came to end in 1996 and same not extended - Lease agreement does not give an automatic right of renewal to tenants - Since tenants sub-let the property which is reflected in inspection report of Revenue Officer and there has been breach of terms and conditions of lease agreement by..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111 -- Secured asset - Lawful possession - If the lawful possession of the secured asset is not with the borrower, but with a lessee under valid lease, the secured creditor cannot take possession of secured..........
