Transfer of Property Act, 1882, Section 105 -- Lease - Automatic renewal of lease - There is nothing like automatic renewal of lease and there must be a subsequent agreement between parties regarding renewal of lease - As there can be no automatic renewal of lease after expiry of lease, tenant directed to vacate the premises and handover vacant possession of same to..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - After expiry of lease if possession of tenant is without consent of landlord, he would be a tenant at sufferance - Tenant at sufferance is not entitled to a notice of ejectment in law...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 105 -- Rent note - For a period of three years on month to month basis - Rent note is not a lease deed - It is simply a memorandum creating tenancy - Does not require registration...........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Notice sent by registered post at correct address - Refused by addressee - Notice shall be deemed to have been served in view of S.27 of General Clauses Act - Mere denial that notice was not refused by petitioner not enough to rebut presumption of service until and unless petitioner brings some..........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Tenancy of a period of three years on month to month basis - It cannot be said that parties intended to create tenancy for fixed period of three years - Rent note is not a lease deed which may require registration - It is simply a memorandum creating tenancy from month to month terminable by notice u/s..........
Transfer of Property Act, 1882, Section 62, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Right to recover possession - Commences when mortgage money is paid out of rents and profits or partly out of rents and profits and partly by payment or deposit by mortgagor - Until then, limitation does not start for purposes of Article 61 of the Schedule to the..........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Mortgagors delivered possession of suit land to mortgagees - Revenue entries reveal that as per mortgage deed, "interest to be accrued on this amount and the produce of land shall be kept at par with each other" - Such a transaction thus fully satisfies the ingredients of usufructuary mortgage within..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a) -- Usufructuary mortgage - Redemption - Limitation - In case of usufructuary mortgage, where no time limit is fixed to seek redemption, right to seek redemption would not arise on the date of mortgage but will arise on the date when mortgagor pays or tenders to the mortgagee or deposits in..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a) -- Usufructuary mortgage - Redemption - Limitation - Commences when `right to redeem' or to `recover possession' accrues - Such a right accrues only when mortgagor returns the mortgage money - Held, suit filed within thirty years after offering payment of full mortgage money, is within..........
Transfer of Property Act, 1882, Section 43 -- Transfer by unauthorised person who subsequently acquires interest in property transferred - Doctrine of feeding the estoppel - The doctrine is based on the principle of law of estoppel - It simply provides that when a person by fraudulent or erroneous representation transfers certain immovable property, claiming himself to be..........
