Transfer of Property Act, 1882, Section 106, 113 -- Notice - Waiver - Notice terminating tenancy issued - Rent received even after institution of suit - Waiver of notice - Such receipt of money being only a circumstance not conclusive of waiver - Sole criterion for waiver being intention of landlord to continue and treat the lease subsisting - Landlord having no..........
Transfer of Property Act, 1882, Section 106 -- Oral tenancy - Termination of tenancy by issue of notice - In notice tenancy stated to be month to month commencing from lst day of calendar month to the end of calendar month - 15 days notice issued - Premises required to be vacated by end of the month - Tenant contending that tenancy starts from 4th of the month to the 3rd..........
Transfer of Property Act, 1882, Section 106 -- Notice - AD. received back - Addressee stating that he does not know English whereas A.D. bearing signatures in English - Addressee not sating anything beyond that and remained silent without answering whether the signatures was of any of the family member or not - Held, as plaintiff proved that he sent the notice by producing..........
Evidence Act, 1872, Section 114, Transfer of Property Act, 1882, Section 106 -- Illus. (f) - Presumption regarding service of notice sent by registered post, correctly addressed - Acknowledgement received showing its receipt - Presumption of service of notice arises - However, this presumption can be rebutted by the addressee by appearing as a witness and stating that he..........
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114 -- Notice sent by registered post - not received back - Valid presumption is that it is received by the defendant...........
Evidence Act, 1872, Section 114, Transfer of Property Act, 1882, Section 106 -- Illustration (f) - Notice sent under certificate of posting-Certificate of posting produced-On proof of certificate of posting presumption arises that the notice had reached the addresses - Held, this presumption can be rebutted only by adducing positive evidence-Mere denial not enough to rebut..........
Evidence Act, 1872, Section 114(f), Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Notice sent through registered notice is being sent back-avoidance of service only an inference of the postman - inference of service of notice cannot be drawn...........
