Registration Act, 1908, Section 17, 49, Arbitration and Conciliation Act, 1996, Section 16, Transfer of Property Act, 1882, Section 107 -- Arbitration agreement - In unregistered lease deed - - Arbitration clause was available only to settle any dispute touching upon lease deed - Claim for damages for breach in not granting lease for 30 years - Though arbitration clause..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Suit for declaration that gift deed was illegal, null and void - Suit filed within eight days of execution of gift deed after lodging FIR - Marginal witnesses examined by donee not present when gift deed was scribed - Donee taking active role in preparation of gift deed - Plaintiff an illiterate person residing..........
Transfer of Property Act, 1882, Section 111 -- Eviction - Sub-letting - Proof of - Tenant admitted petitioner as landlady - Tenant's plea that partnership business was running in shop with consent of landlady - Held, tenant under legal obligation to establish that partnership deed created by him to run business in shop was with consent of landlady and that he did not want..........
Delhi Rent Control Act, 1958, Section 3,50, Transfer of Property Act, 1882, Section 108,109,111 -- Six portions of one property rented out to same tenant at different occasions - Each tenancy commenced at different rates of rent - Rent of all portions paid by one cheque - Held, it will be considered as a single tenancy - Single suit for eviction is maintainable...........
Transfer of Property act, 1882, Section 52 -- Lis pendens - Transfer made during pendency of litigation, which culminated into a decree by way of compromise - Suit was contested by both parties in which plaintiff had lost before Trial Court as well as First Appellate court and matter was compromised at stage of Regular Second Appeal - Held, only exception with regard to..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, Transfer of Property Act, 1882, Section 117 -- Agricultural land - Lease for agricultural purpose - Ejectment of tenant - Applicability of provisions of TP Act, 1882 - Held, by virtue of S.117 of TP Act, 1882, provision relating to eviction contained in the Act are not applicable to..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Validity of - Defendant-appellant have examined scribe of gift deeds and attesting witnesses - All of them including appellant DW1 have stated that when he executed the document, he was of sound mind and health - Court below discussed minor discrepancies in testimony of witnesses, minor contradictions in evidence..........
Transfer of Property Act, 1882, Section 53A -- Part performance - When all conditions of provision of S.53-A TPA are satisfied, the possession of the person must be protected by the court whether he comes as a plaintiff or defendant - The only embargo is that S.53-A cannot be taken in aid by the transferee to establish his right as owner of the property - But the..........
Civil Procedure Code, 1908, Order 12, Rule 6, Transfer of Property Act, 1882, Section 106 -- Eviction proceedings - Existence of arrears of rent - Admission - Held, admission even if made as to the existence of arrears of rent, cannot be treated as the one of a fact, which has a bearing on adjudication of suit for Eviction - Admission of such a fact is same as admission as..........
Transfer of Property Act, 1882, Section 105, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Test of exclusive possession of suit property is a relevant criterion for determining as to whether the document has created a lease or a license - However, it is not the sole factor...........
