Easement Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Test to determine - Use of terms 'lease' or 'licence', 'lessor' or 'licencor', 'rent' or 'licence fee' by themselves are not decisive - Conduct and intention of the parties before and after the creation of relationship is relevant to find out the intention...........
Stamp Act, 1899, Article 35(1) -- Schedule I - Lease for 11 months - Terms of lease reduced into writing - Tenant taking objection that since document is deficiently stamped, hence same be impounded - Held, the lease in question was for a period of 11 months - Thus stamp duty was payable as per Article 35(1) Schedule I of the Act and not under Clause (8) of Article 35 of..........
Chandigarh Leasehold Sites & Building Rules, 1973 -- Residential sites - Commercial sites - Auction purchase - On lease hold basis - Premium for lease - Default in payment - Default interest - Charging at rate of 24% as per general terms & conditions of sale - If the Rule 12(3A) as it stood on the date of auction, provided for rate of interest @ 12% then the rate of..........
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 105 -- Lease - Deed not specifying any duration - Lessee permitted to hold the land forever subject to the right of lessor to resume land by giving one month's notice - Lessor could resume the land by giving a month's notice, unconditional at the absolute will and discretion of the lessor, whenever he desired - These terms indicate..........
Transfer of Property Act, 1882, Section 105 -- Lease - Essential ingredients - (i) There should be a transfer of a right to enjoy an immoveable property - (ii) Such transfer may be for a certain term or in perpetuity - (iii) The transfer should be in consideration of a premium or rent - (iv) The transfer should be bilateral transaction, the transferee accepting the terms..........
Transfer of Property Act, 1882, Section 106, 108, 111 -- Tenant at will -Lease - Terms and conditions - Interpretation of - Lease deed not specifying any duration - Permitting lessee to hold land for ever subject to right of lessor to resume the land by giving one month's notice - No grant in perpetuity - Right of lessor to resume land by giving one month's notice is..........
Transfer of Property Act, 1882, Section 105, 107 -- Lease - Existence of lease deed must be proved - Lease must also answer the legal requirements of Ss.105 & 107 of the Act - Relationship of lessor and lessee and the terms and conditions of a lease depends upon the contract between the parties - In a case involving the State and particularly when the nature of the land is..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Use of terms by itself is not sufficient to hold the nature of the right created by the document - An effort should be made to find out whether the deed confers a right to possess exclusively coupled with transfer of a right to enjoy the property or what has been parted with..........
Transfer of Property Act, 1882, Section 106, 107, 116 -- Lease for 20 years - Term in lease deed for its renewal for two terms of 10 years thereafter - Lease deed not executed for further period of 10 years after expiry of lease - Lessee continued to hold the property and lessor accepted the rent - Lease does not continue on the same terms and conditions for further period..........
