Transfer of Property Act, 1882, Section 105, 107 -- Lease or license - Test to determine - (i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin; (ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be gathered..........
Transfer of Property Act, Section 116 -- Applicability - Necessary to show that tenant continued in possession either with the consent of landlord or landlord accepted rent after expiry of fixed term - Tenant's plea that he tendered rent but landlord refused to accept it - Not tenable as no acceptable evidence to show tender and refusal...........
Evidence Act, 1872, Section 116 -- Tenant - A tenant is estopped from denying the right and title of the lessor however defective it may be so long as he has not openly restored possession by surrender to his landlord - The tenant's estoppel operates even after termination of the tenancy as long as he continues in possession...........
Evidence Act, 1872, Section 116 -- Estoppel against tenant - Suit filed by landlord for recovery of arrears of rent and ejectment of tenant - Dismissed on the ground that during pendency of the suit, the demised property was sold by the landlord - Purchaser of the property thereafter filed a suit for recovery of arrears of rent and ejectment of tenant - Tenant is estopped..........
Evidence Act, 1872, Section 67, 45, 47 -- Eviction of tenant - Execution of decree - Sale deed executed by landlords transferring property - Execution obstructed by sub tenants - Obstructionists relying on rent receipts alleged to have been executed by Landlords in their favour in respect of structures on the suit property - Vendee of said property had specifically denied..........
Transfer of Property Act, 1882, Section 111(a), 108(q), 116 -- Tenant at sufferance and tenant holding over - Lease for a period of 21 years - Expiry of lease period - No evidence that he was a tenant holding over - Status of tenant has to be treated as a tenant at sufferance akin to a trespasser having no independent right to continue in possession...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i) -- Onus of establishing himself to be a small landowner - Primarily rests with landowner - If anything contrary claimed by tenant - Upto tenant to substantiate the assertion - Landowner discharged his onus of being small landowner - Claim of tenant that landowner is a big landowner - Onus shifts on tenant to..........
Evidence Act, 1872, Section 114 -- Adverse inference - Tenant produced photocopy of passport to show that he was out of country - Original not produced despite demand by Court- Adverse inference drawn against tenant...........
Evidence Act, 1872, Section 116 -- Once land taken on lease from Wakf Board and rent paid for one year - Lessee/tenant estopped to deny title of Wakf Board by setting up. title in somebody else - Lessee/tenant did not dispute title of Wakf Board in any of the proceedings before Civil Court or Revenue Officers till matter came to Financial Commissioner in revision - Cannot..........
Limitation Act, 1963, Article 64 -- Adverse possession - Suit for possession on basis of title and defendant was tenant/unauthorised occupant - Defendant raising plea that he is in possession for more than 30 years and plaintiff not landlord - Title not proved - Evidence that defendants predecessor accepted plaintiff as landlord by endorsement in municipal record -..........
