Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - In the written statement defendant clearly expressed about termination of tenancy and delivery of vacant possession - Same itself is a notice of termination of tenancy...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106 -- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and..........
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A), 49 -- Part performance - Effect of amendments made to S.53-A TPA and Ss.17, 49 Registration Act - After 24.9.2001, if any person takes possession or continues in possession of a property in pursuance of a contract to transfer for consideration in writing, which though required to be..........
Transfer of Property Act, 1882, Section 48 -- Mortgage prior to creating charge - Right of precedence - Those who are in advantage of time have advantage in law - Petitioner having the advantage of mortgage, prior to the creation of charge, has an advantage in law to proceed against the property...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Once tenancy is terminated through valid notice, thereafter any deposit of rent would not invalidate the plea of eviction claimed by landlord...........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Filing of suit itself can be taken as a notice for terminating tenancy and as such tenancy of tenants stood terminated and they are liable to hand over possession of tenanted premises - Suit decreed...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - Plea regarding validity of notice is legal plea and can be taken even during course of arguments in second appeal...........
Transfer of Property Act, 1882, Section 106 -- Notice - Amendment of 2003 - Eviction suit - Though suit was filed in 2002 but said amending provision of Act having retrospective effect - As per amendment no objection with regard to termination of tenancy is permitted on the ground that legal notice as long as a period of 15 days was otherwise given to tenant to vacate the..........
Constitution of India, 1950, Article 226, Transfer of Property Act, 1882, Section 70 -- Accession of mortgaged property - Writ jurisdiction - It was not open to High Court to take up these questions under writ jurisdiction and to declare properties as unencumbered - It was for parties to agitate questions before DRT where recovery proceedings are pending...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - (a) Obligations of landlord and tenant; (b) Consequences of landlord's refusal/failure to take possession offered by tenant; (c) Liability of tenant to pay rent/mesne profits in such cases; (d) Remedy available to tenant in such cases - (i) tenant is bound to handover vacant and peaceful possession of..........
