Transfer of Property Act, 1882, Section 106 -- Notice - Suit for possession - Plea of no, service of summons - Plaintiff validly terminated tenancy by issuing notice u/s 106 of the Act - Service of summons u/s 106 of the Act was proved - Even filing of suit itself amounts to notice and suit cannot be dismissed on the ground of no, service of summons - Suit rightly decreed...........
Transfer of Property Act, 1882, Section 107, 106 -- U, registered agricultural lease - Not admissible in evidence and cannot be looked into for the purpose of determining duration of lease - Since lease being admittedly agricultural lease, same can be deemed to be from year to year in view of provision of S.106 of the Act...........
Transfer of Property Act, 1882, Section 105, 106, Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17 -- Lease - Unregistered - Relationship of landlord and tenant established by other evidence available on record - Non-registration of lease agreement is immaterial for establishing relationship of parties as landlord and tenant...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - From date of eviction order - Delay in filing application - Landlord would be entitled to reasonable compensation from date of eviction order where application is moved without inordinate delay - Otherwise, he would be entitled..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Where notice u/s 106 TPA, terminating tenancy has been issued defendants would have no grievance to defend ejectment and have to surrender possession as and when interference of the Court is sought...........
Transfer of Property Act, 1882, Section 106 -- Notice - Where the case of plaintiff is that defendants are trespassers into suit land and not the tenants as on date of suit, question of their issuing quit notice u/s 106 of Act does not arise...........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Oral tenancy - Plaintiff is co-owner of property and as such landlord of property - Suit property is let out to defendant on payment of monthly rent - Defendant failed to make payment of rent or any amount for use and occupation - Possession was not delivered to plaintiff despite issuance of notice u/s..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Termination of lease - Plaintiff purchased the property in Court auction - Lease was terminated by plaintiff soon after purchase, as auction purchaser was not bound by the terms of lease deed executed by erstwhile lessor - Renewal/extension clause of lease deed cannot be enforced against plaintiff, until and..........
