Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease and license - Distinction - A lease is a transfer of an interest in land - The interest transferred is called the leasehold interest - The Lesser parts with his right to enjoy the property during the term of the lease, and it follows from it that the lessee gets that right to the..........
Government Grants Act, 1895, Delhi Municipal Corporation Act, 1957, Section 114, 2(3), 119 -- Grant of license by Govt. to construct/erect petroleum installation building - On completion of construction licensee given exclusive possession of the same - Held, this raises strong presumption about tenancy in favour of licensee - Document in question though titled as license..........
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 2(vi) -..........
Transfer of Property Act, 1882, Section 107, 111 -- Unregistered lease deed for a period of three years - Stipulation of 20% increase of rent after every three years - Contention of tenant that he had right to continue as tenant once the rent was increased by 20% - Held, contention not tenable as lease document was an unregistered lease deed which cannot create a lease for..........
Civil Procedure Code, 1908, Section 35A -- Lease - Terminated - Tenant continued in occupation of commercial premises by prolonging litigation - Cost of Rs.25, 000/- imposed on tenant...........
Transfer of Property Act, 1882, Section 105 -- Lease - Oral extension of lease by 20 years - Except self serving statement of defendant, no evidence available to show that there was an oral agreement between the parties extending the lease for 20 years...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Receiving rent after issuing quit notice - Cannot be said to be a conduct satisfying 'assent' to the continuance of lease after its expiry...........
Transfer of Property Act, 1882, Section 106 -- Lease - Except lease of immovable property for agricultural or manufacturing purpose, the lease for any other purpose would be deemed to be monthly lease...........
Transfer of Property Act, 1882, Section 107 -- Lease - A lease not commenced or continued pursuant to registered instrument can never be considered as a lease from year to year or yearly tenancy...........
Transfer of Property Act, 1882, Section 105 -- Lease - Life interest holder - Precluded only from alienating the property and it does not mean that tenancy created by life interest holder comes to an end on his/her death...........
