Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - In the absence of a registered instrument, Courts are not precluded from determining the factum of tenancy from other evidence on record as well as conduct of parties...........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - In the absence of registration of a document, what is deemed to be created is a month to month tenancy, termination of which is governed by S.106 of the Act..........
Transfer of Property Act, 1882, Section 106 -- Notice - Requirements of a valid notice to terminate tenancy are that it must be in writing, signed by the person sending it and be duly delivered...........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Clause in agreement that landlord is entitled to terminate tenancy in case there is breach of terms of agreement or in case of non payment of rent for three consecutive months and tenant fails to remedy the same within a period of thirty days of the receipt of notice - Held, said clause is clearly..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Agreement can be admitted in evidence and even relied upon to prove factum of tenancy but terms of the same cannot be used to derogate from the statutory provision of S.106 of the Act, which creates a fiction of tenancy in absence of a registered instrument creating the same...........
Transfer of Property Act, 1882, Section 106 -- Expression `contract to the contrary' cannot be read to mean that parties are free to contract out of express provisions of law, thereby defeating its very intent - Contract must be a valid contract...........
Agreement to sell -- Specific performance - Identity of property is not clearly established as there are no boundaries mentioned in any of three documents - Even there is no consistent and acceptable evidence on the side of plaintiff with regard to exact property number - Plaintiff failed to prove the agreements in question with acceptable evidence - Suit rightly..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - Suit ought to have been either on behalf of deity or if proper reliefs are claimed in terms of S.92 CPC in relation to management and securing property, it should have gone u/s 92 of CPC...........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........
Transfer of Property Act, 1882, Section 130 -- Assignment of contract - There can only be an assignment of rights arising under a contract but not the burden of a contract...........
