Transfer of Property Act, 1882, Section 106 -- Quit notice - When eviction of tenant is sought by issuing quit notice u/s 106 of T.P.Act before instituting suit, proof of default in payment of rents is not a relevant ground for eviction...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Failure to perform conditions stated in sale deed - Term stated in the sale deed that in the event of purchaser failing to construct a building within a period of 2 years, same shall stand cancelled - Sale deed is cancelled automatically for violation of said..........
Government Grants Act, 1895, Section 2, 3 -- Sale of plot by Urban Development Authority - Conditions - Government is competent to impose restrictions and conditions in transfer of its property and all such restrictions, conditions and limitations contained over in any transfer shall be valid and take effect according to their tenor, any rule of law, statue or enactment of..........
Will -- A person who accepts benefit under a Will must accept it in its entirety - He cannot accept the benefit and repudiate its other provisions as his acceptance of benefit is a renunciation of every right inconsistent with provisions of that instrument. (Transfer of Property Act, 1882, S.35, Succession Act, 1925, Ss.187, 188)..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser during the pendency of a suit would be bound by the result of litigation - Transaction is not rendered void and/or of no effect...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Tenancy from month to month - S.106 of the Act gets attracted irrespective of the duration of lease fixed therein - A tenancy from year to year or from month to month does not come to an end by efflux of time even if its duration is fixed - It is the nature of lease which is more important than the duration of..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - S.106 of the Act gets attracted when tenancy is from month to month - A stipulation that rent is payable monthly also raises a presumption that tenancy is from month to month...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Eviction - Lease agreement that tenancy is from month to month - Issuance of quit notice is mandatory - No notice determining tenancy issued and served upon tenant - In the absence of notice determining tenancy suit for eviction cannot be decreed...........
Transfer of Property Act, 1882, Section 109 -- Transfer of property by previous lessor - Purchaser becomes lessor and becomes entitled to receive rent - No attornment of tenancy is necessary - Notice for attornment of tenancy is not required - Tenant cannot dispute the right of transferee landlord to maintain an eviction petition or to claim rent - However, the provision..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........
