Transfer of Property Act, 1882, Section 105, 106, Civil Procedure Code, 1908, Section 11, 100 -- Eviction suit - Failure to challenge decree - Finality of - Appellant on one hand and respondent on other hand filed two separate suits in respect of same property - Suits were tried together and a common judgment was rendered decreeing suit filed by respondent and dismissing..........
Transfer of Property Act, 1882, Section 106, 107, Arbitration and Conciliation Act, 1996, Section 16, Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 33, 35 -- Arbitration agreement - Lease deed containing arbitration clause not duly stamped - Document and arbitration clause therein cannot be acted upon - If deficit stamp duty and penalty is paid then..........
Transfer of Property Act, 1882, Section 106, 107, Arbitration and Conciliation Act, 1996, Section 16, Registration Act, 1908, Section 17, 49 -- Arbitration agreement - In unregistered lease deed for a period of thirty years - When arbitration agreement did not provide for arbitration in regard to all and whatsoever disputes but provided only for settlement of disputes..........
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 106 -- Notice - Sent by registered post at correct address - Once plaintiff led evidence and duly proved the service of legal notice, defendant is bound to lead rebuttal evidence to show that notice was not served although the same was posted to the correct address - Rebuttal evidence not led - Held, notice was duly served...........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy stands terminated on filing of suit even assuming that notice was not served...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Receiving rent after issuing quit notice - Cannot be said to be a conduct satisfying 'assent' to the continuance of lease after its expiry...........
Transfer of Property Act, 1882, Section 106 -- Lease - Except lease of immovable property for agricultural or manufacturing purpose, the lease for any other purpose would be deemed to be monthly lease...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Monthly tenancy can be terminated by 15 days clear notice...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice sent by registered post - Received back with postal endorsement `Refused' - Refusal admitted by tenant in cross examination - Tenancy held legally terminated - Suit for possession rightly decreed...........
