Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice refused to be accepted by addressee - Presumed to have been served on him...........
Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - All developments over the suit property shall be subject to outcome of the suit...........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, 63, 14, 27, 32P, Transfer of Property Act, 1882, Section 105, Succession Act, 1925, Section 59 -- Agricultural holdings - Term `assignment' in S.43 of Act of 1948 includes testamentary disposition...........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, Succession Act, 1925, Section 59, Transfer of Property Act, 1882, Section 105 -- Agricultural holdings - Testamentary disposition to non agriculturist - S.43 including testamentary disposition of agricultural holdings is not invalid for incidental encroachment upon provisions of Central Act i.e. Succession Act...........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Two conditions are mandatory to attract S.111(d) of the Act, viz : (i) it is only tenant who should acquire property of landlord; and (ii) tenant should purchase assignment of rights of landlord in property in its entirety...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Tenancy - Petitioner admits that she is not tenant of disputed premises and has purchased 1/3rd share of one of co-owners of property and not entire ownership interest in disputed premises - Twin conditions of applicability of doctrine of merger of tenancy are lacking - Doctrine of merger is..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Plaintiffs father mortgaged ancestral property in favour of defendants - Defendants admitted that suit property was mortgaged in their favour - Relation between parties as mortgagor and mortgagee duly established - Defendant failed to establish that un-registered sale deed was signed by owner of suit..........
