Civil Procedure Code, 1908, Section 100 -- Transfer of Property Act, 1882, Section 52 - Second appeal - Scope - Finding of fact - Sale deed executed after the institution of the suit had been set aside on the ground of lis pendence - These are pure finding of fact which would not warrant interference in exercise of jurisdiction u/S.100 of the Code...........
Transfer of Property Act, 1882, Section 106, Limitation Act, 1963, Section 27 -- Tenancy - Termination - If earlier notice is not legal and valid then subsequent suit on basis of another termination notice is not barred - When cause of action for filing second suit is totally different then second suit is not barred by limitation...........
Transfer of Property Act, 1882, Section 106 -- Tenancy - Termination - Suit for possession filed by landlord dismissed - Appeal also dismissed - During pendency of writ petition thereagainst landlord filed second suit on altogether a different cause of action - Held, there is no bar for institution second suit on fresh and different cause of action...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Co-owners - Tenant purchasing rights of some of co-owners - Tenancy does not come to an end - Tenant remains a tenant - Tenancy will extinguish by merger if tenant purchases entire rights of landlord in whole of premises...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Tenant purchasing rights of some of the co-owners - Tenancy does not come to an end - Landlord can seek eviction of such a tenant on the grounds available to him under Rent Act...........
Transfer of Property Act, 1882, Section 111(d) -- Co-owners - Premises let out - Tenant inducting sub-tenant - Sub-tenant purchasing whole of the property and acquired full ownership rights - Sub-tenancy extinguishes by merger into ownership - Sub-tenant is entitled to evict tenant - Right of reversion, vesting in owners comes to vest fully and entirely in the sub-tenant...........
Transfer of Property Act, 1882, Section 111(d), 109 -- Doctrine of merger - It is founded on the principle that two estates-one larger and one smaller cannot - and need not - coexist, if the smaller estate can in equity, and must in law, sink or merge into the larger estate - One cannot be an owner and sub-lessee both at the same time. The smaller estate of sub-tenancy..........
Civil Procedure Code, 1908, Section 24 -- Hindu Marriage Act, 1955, Section 9 - Transfer of case - Matrimonial proceedings - Convenience of wife should be preferred unless there are special reasons not to do so...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Depends on the recitals in the document, irrespective of title of the document - Document is to be read as a whole - If an interest in the immovable property entitling the transferee to enjoyment is created, it is a lease, if permission to use land without right to exclusive..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Permission given to exhibit films in the theatre without interest in cinema theatre - Held, it amounts to licence and not lease though document is titled as lease...........
