Civil Procedure Code, 1908, Section 80, Transfer of Property Act, 1882, Section 106 -- Composite notice u/s 80 CPC and S.106 T.P.Act - Permissible and valid - Purpose of notice u/s 106 of the T.P. Act is to determine the tenancy and to give information of the proposed legal action and purpose of notice u/s 80 CPC is to give the authorities sufficient information regarding..........
Transfer of Property Act, 1882, Section 106 -- Lease - A deemed monthly tenancy is created in those cases where there is no express contract to the contrary, which is terminable at a notice period of 15 days...........
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...........
Transfer of Property Act, 1882, Section 106 -- Notice - Even filing of suit amounts to service of notice u/s 106 of the Act...........
Transfer of Property Act, 1882, Section 106 -- Provisions of TPA Act in terms of S.106 of the Act are not applicable in State of Punjab - However, only equitable principles are applicable...........
