Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - When a statement has been given on oath, then onus lies upon plaintiff to prove that notice was sought to be served upon defendant but he actually refused to receive the same...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - DW1 categorically denied of having been sought to be served any notice for ejectment - Onus lies upon plaintiff to prove that notice was sought to be served upon defendant - Except producing envelope containing endorsement of `Refusal' to rebut evidence of defendant that he did not receive..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Premises in question is residential accommodation and thus fifteen days quit notice is essential - Oral and documentary evidence on record to substantiate the same - There is no much dispute with regard to issuance of quit notice and service on defendant - Duration of tenancy is 36 months as per lease deed and..........
Transfer of Property Act, 1882, Section 106, 107 -- Quit notice - - Tenant by his conduct of remittance of rent to landlord admitted relationship of landlord and tenant - Even, tenant admitted revised rate of rent by landlord in year 2002 - Cessation of tenancy by issuing quit notice u/s 106 of the Act held, valid...........
Transfer of Property Act, 1882, Section 106 -- Notice - A duly appointed agent or attorney or in case of a minor or person of unsound mind, his natural guardian, who may be taking care of welfare of such person at the relevant time would be competent to give such notice...........
Companies Act, 1956, Section 456, Transfer of Property Act, 1882, Section 106 -- Custody of company`s property - Application for termination of tenancy by appellants - Property of company in liquidation leased out to appellants - Lease in favour of appellants not only illegal but also void as property of company in liquidation cannot be transferred by company or its..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Eviction suit - Notice u/s 106 of the Act, seeking termination of tenancy upon expiry of statutory period as per S.111(h) of the Act, duly served upon tenant - Tenancy stood determined upon expiry of statutory period - Tenant liable to be evicted...........
Transfer of Property Act, 1882, Section 106, 107 -- Notice for eviction - Lease - Lease in question was for a period exceeding one year - Since it was unregistered, terms and conditions laid down therein were not enforceable nor binding upon parties in view of S.107 of the Act and S.49 of Registration Act - In the absence of any registered lease deed even if tenancy was..........
Transfer of Property Act, 1882, Section 106 -- Notice u/s 106 of the Act - Fling of suit can be taken to be a notice u/s 106 of the Act...........
Transfer of Property Act, 1882, Section 106, 113 -- Suit for eviction - First Notice - Acceptance of rent after issuance of first notice - Landlord giving second notice and then filing suit for eviction - Mere acceptance of rent does not amount to waiver of first notice unless there is any other evidence to prove that landlord intended to do so - Tenant liable to evict..........
