Transfer of Property Act, 1882, Section 106 -- Tenancy - Termination - Suit for possession filed by landlord dismissed - Appeal also dismissed - During pendency of writ petition thereagainst landlord filed second suit on altogether a different cause of action - Held, there is no bar for institution second suit on fresh and different cause of action...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Co-owners - Tenant purchasing rights of some of co-owners - Tenancy does not come to an end - Tenant remains a tenant - Tenancy will extinguish by merger if tenant purchases entire rights of landlord in whole of premises...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Tenant purchasing rights of some of the co-owners - Tenancy does not come to an end - Landlord can seek eviction of such a tenant on the grounds available to him under Rent Act...........
Transfer of Property Act, 1882, Section 111(d) -- Co-owners - Premises let out - Tenant inducting sub-tenant - Sub-tenant purchasing whole of the property and acquired full ownership rights - Sub-tenancy extinguishes by merger into ownership - Sub-tenant is entitled to evict tenant - Right of reversion, vesting in owners comes to vest fully and entirely in the sub-tenant...........
Transfer of Property Act, 1882, Section 111(d), 109 -- Doctrine of merger - It is founded on the principle that two estates-one larger and one smaller cannot - and need not - coexist, if the smaller estate can in equity, and must in law, sink or merge into the larger estate - One cannot be an owner and sub-lessee both at the same time. The smaller estate of sub-tenancy..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Depends on the recitals in the document, irrespective of title of the document - Document is to be read as a whole - If an interest in the immovable property entitling the transferee to enjoyment is created, it is a lease, if permission to use land without right to exclusive..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Permission given to exhibit films in the theatre without interest in cinema theatre - Held, it amounts to licence and not lease though document is titled as lease...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- Unregistered lease deed of immovable property for more than one year - Contention that such lease deed is not admissible in evidence - Objection cannot be sustained as lease stands admitted in reply and secondly appellant did not dispute the ownership of respondent and there is admission..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Impleading as a party - Application of transferee pendente lite for impleading him a party to the suit should ordinarily be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Can be impleaded as a party if his interest in the subject matter of suit is substantial and not just peripheral - Court has discretion in the matter which must be judicially exercised and an alienee would ordinarily be joined as a..........
