Transfer of Property Act, 1882, Section 105 -- Lease - Renewal - Clause as to renewal not clear and specific regarding the terms of renewal as nothing mentioned about terms and conditions of renewal - Court is to ascertain the intention of the parties from the material on record - Property situated in busy commercial centre of city and used for commercial purposes -..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 22(2) -- Appeal decided without hearing appellant or the counsel - Liable to be set aside - Natural Justice...........
Housing -- Complainant was allotted HIG House under Sanjay Nagar HIG House Duplex SFS Scheme in Ghaziabad - He was directed to pay Rs.1,65,300/- within 15 days of the letter - Some delay in depositing the amount - After almost two years, the cost of house at Rs.3,80,000/- communicated to the complaint and he was also asked to pay lease rent of Rs.10,794/- - Same paid after..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Cancellation/resumption on account of alleged violations - Violations depicted in show - cause notice not committed by allottee - Order unsustainable in law - Set aside - Allotment of Subsidized Industrial Houses on Lease and Hire Purchase basis in Chandigarh Scheme, 1979, Clauses 16, 17, 18...........
Rent and Eviction -- Eviction order - Vacant possession whether to be delivered to the landlord or the paramount lessor - Union of India terminated the lease granted in favour of the landlord - Possession ordered to be restored to the paramount lessor instead of restoring it to the landlord...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Shop allotted and complete possession given to allottees - Agreement styled as `Kirayanama' i.e. lease deed - Allottees required not to part with possession and not to sublet - User restricted only as shop - Shop required to be maintained in good condition and not to cause any..........
Specific Relief Act, 1963, Section 20, 10 -- Expln.(1) - Relief of specific performance - Agreement for sale of flat - Construction company refused specific performance on ground that original lease of plot was terminated by municipality - There was however possibility of renewal of lease and revalidation of building plan - Purchaser ready to perform her part of contract -..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 14(1)(d) -- Demolition for reconstruction - Requirement for reconstruction for improvement, better use by enlargement of construction to provide more accommodation - Permissible - Such reconstruction would put the property to optimum utility - However, actual possession to be delivered only on final approval..........
Stamp Act, 1899, Section 47(A) -- Lease-cum-sale agreement - Substantial amount of sale consideration deposited and balance paid in instalments - Registration of sale deed - No reason to doubt the sale consideration actually paid and recited in the document - Increase in market value due to passage of time - Demand of stamp duty in accordance with increased market value..........
Easement Act, 1882, Section 53, Transfer of Property Act, 1882, Section 105 -- Lease & Licence - Distinction - In the case of a licence, there is something less than a right to enjoy the property in the licensee, it cannot be exercised by servants and agents, is terminable and a transferee of the property is not as such bound by the licence - In the case of a lease there..........
