Transfer of Property Act, 1882, Section 113 -- Notice to quit - Waiver - Simply because a landlord issues second notice it does not amount to waiver of the first notice - Tenant must prove that the landlord had an intention to treat the lease as subsisting and that he had expressly or impliedly consented...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 34, Rule 7, Transfer of Property Act, 1882, Section 91, 60 -- Suit for redemption of mortgage - Death of mortgagee - Necessary parties - In a suit for redemption of mortgage, all the heirs and legal representatives of the deceased mortgagee are necessary parties - However, in a case where some..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - No time limit fixed for redemption - Property can be redeemed at any time as the right to seek redemption would not arise on the date of mortgage but will arise on the date when the mortgagor pay or tender to the mortgagee or deposits in..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Exclusive possession of a party to suit premises is not conclusive as the other tests namely intention of parties and whether the document creates any interest in the property or not are important considerations - In the facts of present case defendant was allowed to run the..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Even a silence may sometime indicate acceptance - It is not necessary to prove any overt act in respect thereof as an express acceptance is not necessary for completing the transaction of gift...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - To constitute a valid gift its acceptance is essential - Transfer of Property Act does not provide any particular mode of acceptance - There may be various means to prove acceptance of gift - Documents may be handed over to donee - It will amount to valid acceptance - The fact that possession had been..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Should be voluntary - It should not be subjected to any undue influence - It does not require any consideration...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Once a gift is complete, the same cannot be rescinded - A subsequent conduct of a donee cannot be a ground for rescission of a valid gift...........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Starting point when no time limit is fixed - Limitation to redeem usufructuary mortgage does not start to run on the date of mortgage but will arise on the date when the mortgagor pays or tenders to the mortgagee or deposits in Court, the..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34 -- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor..........
