Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Tenancy terminated by issuing notice under Section 106 of T.P.Act - Suit for possession of tenanted premises - During pendency of suit, notification issued and tenanted area included in M.C. - Civil jurisdiction ousted - Suit dismissed - Appeal also dismissed..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 20, Rule 9 -- Newly constructed building - Rent Act not applicable - Civil suit for eviction - Notice to quit u/s 106 TPA not required - Filing of an eviction suit under general law itself is a notice to quit of a tenant...........
Transfer of Property Act, 1882, Section 106 -- Notice - Quit notice sent through telegram - Certified copy issued by Post and Telegraph Department which bears signature of landlord, there is a presumption that original telegram sent to tenant bore signature of landlord, unless proved otherwise - Validity of notice upheld...........
Transfer of Property Act, 1882, Section 106 -- Tenancy governed by Rent Act - After termination of tenancy tenant does not become a trespasser - He becomes statutory tenant...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - 11 days time given to tenant but eviction petition filed after expiry of 15 days - Tenant not raised any objection - Tenant not allowed to raise the objection...........
Transfer of Property Act, 1882, Section 106 -- Notice - Son, power of attorney holder, deposing that notice u/s 106 TPA was signed in his presence and sent to tenant - Held, when power of attorney deposed that it was signed by the lawyer in front of him, it cannot be said that witness was trying to prove a fact which was only in the personal knowledge of the landlord...........
Transfer of Property Act, 1882, Section 106 -- Notice - Waiver of notice - Can only be decided when parties adduce their evidence...........
Transfer of Property Act, 1882, Section 106 -- Notice - Waiver of notice - Acceptance of rent - Held, acceptance of rent does not amount to waiver of notice or creation of a new tenancy...........
Transfer of Property Act, 1882, Section 106 -- Cancellation of perpetual lease - Lease cancelled and possession of land taken over - Contention that lease was wrongly cancelled - No specific plea raised or substantiated as to how the Director of Industries was not competent to cancel the lease deed or to exercise the powers - No substantial question of law arises for..........
Transfer of Property Act, 1882, Section 106, Delhi Rent Control Act, 1958, Section 3(c), 6A, 8, 14(1)(e) -- Suit for eviction - Rent increased - S.3(c) of Act came into operation - Suit for eviction under general law - Held, that no notice to quit was necessary u/s 106 TPA in order to enable the respondent to get a decree of eviction against appellant...........
