Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Oral tenancy - Plaintiff is co-owner of property and as such landlord of property - Suit property is let out to defendant on payment of monthly rent - Defendant failed to make payment of rent or any amount for use and occupation - Possession was not delivered to plaintiff despite issuance of notice u/s..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Termination of lease - Plaintiff purchased the property in Court auction - Lease was terminated by plaintiff soon after purchase, as auction purchaser was not bound by the terms of lease deed executed by erstwhile lessor - Renewal/extension clause of lease deed cannot be enforced against plaintiff, until and..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice is necessary u/s 106 of TPA for filing a suit for eviction under general law - Filing of suit itself amounts to a notice...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 6A, Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice served upon tenant regarding termination of tenancy - Held, where parties were already in litigation in previous suit on same cause of action which was later dismissed - There is no..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Once the service of plaint in the suit on defendant is taken as a notice for terminating tenancy, then by applying the provision of O.7.R.7 CPC which empowers the Court to take notice of subsequent events for purposes of moulding the relief in a suit, defendant's tenancy would stand terminated..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Issuance of notice u/s 106 of Act is not sine qua non for filing eviction suit, as filing of suit itself is a notice to quit to tenant - S.106 of Act is not strictly applicable as only equitable principles are applicable in State of Punjab...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Lease - Issuance of 15 days notice and not in terms of recital of lease deed for giving three months notice become totally redundant in general law - Even otherwise, since period of lease has already expired during pendency of suit, in any eventuality tenant cannot retain the possession by any stretch of..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Provisions of Rent Act not applicable - Lease of tenant can be determined by a notice to quit u/ss 111(h), 106 of T.P.Act...........
Transfer of Property Act, 1882, Section 106(1) -- Notice - When there was clear contract to contrary which stipulated that lease would be a monthly lease, terminable by notice of three months - Expiry of said agreement would not in itself change nature and character of tenancy and make it yearly lease - Deeming provision of S.106(1) is not attracted - Agreement having..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Identity of suit property - Suit property as described in Schedule to plaint sufficiently identifiable - There is no ambiguity with regard to suit property - Minor errors in description are of no consequence - Plea raised by tenant at the appellate stage, held, to be hyper technical and frivolous - Tenant rightly..........
