Transfer of Property Act, 1882, Section 105, 108 -- Lease - Landlord to maintain premises in tenantable conditions and to get the premises repaired when necessary - Tenant is required to vacate the premises at the end of period of lease and to pay rent regularly during the tenancy period and to keep the premises in good condition subject only to changes caused by..........
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12 -- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution..........
Government Grants Act, 1895, Delhi Municipal Corporation Act, 1957, Section 114, 2(3), 119 -- Grant of license by Govt. to construct/erect petroleum installation building - On completion of construction licensee given exclusive possession of the same - Held, this raises strong presumption about tenancy in favour of licensee - Document in question though titled as license..........
Transfer of Property Act, 1882, Section 107, 111 -- Unregistered lease deed for a period of three years - Stipulation of 20% increase of rent after every three years - Contention of tenant that he had right to continue as tenant once the rent was increased by 20% - Held, contention not tenable as lease document was an unregistered lease deed which cannot create a lease for..........
Transfer of Property Act, 1882, Section 107 -- Lease - A lease not commenced or continued pursuant to registered instrument can never be considered as a lease from year to year or yearly tenancy...........
Transfer of Property Act, 1882, Section 105 -- Lease - Life interest holder - Precluded only from alienating the property and it does not mean that tenancy created by life interest holder comes to an end on his/her death...........
Stamp Duty (Haryana Amendment) Act, 1978, Stamp Act, 1899, Section 47A -- Sale of property which was under lease for 22 years - As per government instructions, if property was under tenancy for a period of more than 12 years, but less than 30 years, only one third of stamp duty was payable - State contended that it is only when possession is with purchaser, stamp duty is..........
Transfer of Property Act, 1882, Section 106, 107, Registration Act, 1908, Section 17, 49 -- Lease deed executed for a period of three years - It containing stipulation of three months notice to terminate the lease - Lease deed not registered - 15 days notice terminating tenancy given u/s 106 of TPA Act - Held, not illegal - Unregistered lease deed is not admissible in..........
Transfer of Property Act, 1882, Section 116 -- Tenant holding over - Act of holding over expiry of lease period does not necessarily create a tenancy of any kind - If the lessee remains in possession after the determination of the term, the common rule is that he is a tenant on sufferance...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Lease expired by efflux of time - Defendant not disputed the relationship of landlord and tenant between parties - Rate of rent is also admitted - Receipt of notice, issued as a precautionary measure, terminating tenancy also not disputed - All these admissions of defendant were..........
