Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Agricultural land - Issue as raised in plaint pertains to sale deed being voidable - Civil Court has jurisdiction to try said suit - Bar created by S.207 of Rajasthan Tenancy Act had no application - Application rejected...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for ejectment, recovery of possession and arrears of rent - Defendant admitted that he is tenant in suit property - There is admission of relationship of landlord and tenant and month to month tenancy already stands terminated - Since the monthly rent was Rs.5000, thus property is protected under..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Oral and documentary evidence adduced by landlord successfully proved that a legal notice u/s 106 of the Act was sent to defendant by registered post demanding arrears of rent and termination of tenancy which was refused by tenant - Even, record of trial Court reveals that tenant not only..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice refused to be accepted by addressee - Presumed to have been served on him...........
Rent and Eviction -- Rent deed - Registration - Clause in agreement as to increase of rent by 10% each year - It is a promise contingent on tenancy being continued beyond one year - It cannot make the tenancy year to year or tenancy for a period of more than one year - Rent note does not require compulsory registration...........
Rent and Eviction -- Rent deed - Registration - Rent payable monthly - There is presumption that tenancy is monthly tenancy - From cumulative reading of rent note the intention of tenant is more than clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month - Rent deed did..........
Rent and eviction -- Factum of tenancy carries with it an element of possession...........
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 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...........
