Transfer of Property Act, 1882, Section 116 -- Payments after expiry of lease tenure - Could only be categorized as `use and occupation charges' and not `rent' unless it is demonstrated to the contrary - This demonstration necessarily commences when there is clear and specific pleading in this behalf - The frequency of payments and quantum of those payments, coupled with..........
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..........
Transfer of Property Act, 1882, Section 55(6)(b), 100, Registration Act, 1908, Section 17 -- Agreement to sell - Charge over property for the amount of advance sale consideration - If buyer does not improperly decline to accept delivery of property, a charge is created over the property for the amount of advance sale consideration - Charge is created by operation of law..........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer of immovable property with an intention to defeat or delay the creditors - Such transfer is void...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer of immovable property subsequent to attachment of property with intent to defraud the creditors of suit property - Said transaction is fraudulent transaction and is void...........
Transfer of Property Act, 1882, Section 106 -- Notice - Lease - An educational institution cannot be treated differently in the matter of leases of immovable properties - S.106 of the Act makes an exception only in respect of immovable property for agricultural and manufacturing purposes...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non sanctioning of mutation - Mutation does not confer any title - Title is conferred by sale deed - If sale deed is proved then non sanctioning of mutation becomes irrelevant...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non-mentioning of khasra Nos. in the sale deed - If there is omission of khasra Nos. in sale deed, Court can always record finding of fact as to whether sale was out of disputed khasra Nos., if the boundaries of said land in dispute are mentioned in the sale deed...........
Evidence Act, 1872, Section 17, Registration Act, 1908, Section 17 -- Admission - Transfer of interest in immovable property cannot pass by admission...........
