Transfer of Property Act, 1882, Section 107, 106 -- U, registered agricultural lease - Not admissible in evidence and cannot be looked into for the purpose of determining duration of lease - Since lease being admittedly agricultural lease, same can be deemed to be from year to year in view of provision of S.106 of the Act...........
Transfer of Property Act, 1882, Section 116, Punjab Security of Land Tenure Act, 1953, Section 9 -- Tenant holding over - Protection u/s 9 of 1953 Act - Operation of S.116 of T.P. Act confers legitimacy to the possession of tenant even after termination or expiration of deemed period of lease so as to confer on him a status akin to that of a statutory tenant and hence he..........
Punjab Security of Land Tenure Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 4(5), Transfer of Property Act, 1882, Section 116 -- Eviction - Tenant holding over - Both the Acts of 1953 and 1887, do not include a tenant whose lease has expired - Nevertheless, retention/continuance of possession after expiry of duration of lease with the consent of landlord will..........
Transfer of Property Act, 1882, Section 122, Evidence Act, 1872, Section 104 -- Execution of gift deed - pardanashin woman or an illiterate - Burden of proof - To prove a gift deed to be valid, burden of proof shall always be upon the person who seeks to sustain the transaction to establish that executant had understood the nature of document and the purpose of it and that..........
Rent and eviction -- Termination of tenancy - In spite of tenancy coming to an end under the provisions of Transfer of Property Act or by terms of the contract, tenant does not cease to be a tenant and continues to be a tenant and liable to pay rent until and unless a decree for eviction is passed against him by a competent civil court or forum...........
Transfer of Property Act, 1882, Section 105 -- Lease - Non-payment of rent - Plaintiff being a lease holder of suit property sub let the property to defendant with permission of original lessor - Prima facie relationship of landlord and tenant had established between plaintiff and defendant - Mere plea of voluntarily attornment to original lessor and mere fact that..........
Himachal Pradesh Tenancy and Land Reforms Act, 1974, Section 104(3), 45 -- Non occupancy tenants - Transfer of proprietary rights - Non-occupancy tenants acquired proprietary rights by operation of notification - Such rights not disputed by original owners or his LR's at any point of time - Nor any application for resumption of land u/s 104 of Act filed within stipulated..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Test of suspicious circumstances as applicable to Will is not applicable to deed of gift - Once it is found that document of gift is registered and signature of donor is proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Transfer of Property Act, 1882, Section 105, 106, Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17 -- Lease - Unregistered - Relationship of landlord and tenant established by other evidence available on record - Non-registration of lease agreement is immaterial for establishing relationship of parties as landlord and tenant...........
