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..........
Transfer of Property Act, 1882, Section 108(B)(e), (108)(B)(I) -- Rights and liabilities of lessor and lessee - In the absence of contracts or contractual stipulations provisions of the Transfer of Property Act would govern tenancies and leases...........
Transfer of Property Act, 1882, Section 108(B)(e) -- Lessee to seek protection u/s 108(B)(e) of the Act, there has to be complete destruction of property which is permanent in nature due to force majeure event - Until and unless there is a complete destruction of property S.108(B)(e) of the Act cannot be invoked...........
Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Temporary non-use of premises due to lockdown which was announced due to COVID-19 outbreak - Cannot be construed as rendering lease void u/s 108(B)(e) of the Act - Tenant cannot also avoid payment of rent in view of S.108(B)(I) of the Act...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Photographs of vendor and vendee - Son refused to identify his father in that photograph - Does not disprove that fact in the absence by any other photograph or oral testimony of anyone else...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Inadequacy of sale consideration - Vendor never raised any finger to say that he was not paid consideration shown to have been paid in sale deed - Even otherwise, if there was any under valuation of suit land in terms of consideration shown to be paid in sale deed, that was for Sub-Registrar to object the same -..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Source of income of vendee - Appellants contended that no source of income for payment of such money was proved - Contention rejected, as vendor never raised noise about non-payment thereof at any time before his death after he executed sale deed...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Lease - U, registered lease deed - Not admissible in evidence - Though it can be looked into for collateral purposes, but neither duration of lease nor its renewal is a collateral purposes...........
