Suit for possession -- Earlier suit of plaintiff for permanent prohibitory injunction was dismissed reserving right to plaintiff to recover possession in accordance with law as defendants found to be unauthorized possession - Plaintiff thus, filed a suit for possession - Defendant did not file any counterclaim or initiate any proceedings against plaintiff - Subject matter..........
Evidence Act, 1872, Section 90 -- Document 30 years old coming from proper custody - Proper custody means custody of any person, so connected with the document, that possession thereof, does not raise any suspicion or fraud - Mere tendering of a document in evidence cannot be regarded as proof of proper custody...........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Filing of suit itself can be taken as a notice for terminating tenancy and as such tenancy of tenants stood terminated and they are liable to hand over possession of tenanted premises - Suit decreed...........
Transfer of Property Act, 1882, Section 106 -- Notice - Amendment of 2003 - Eviction suit - Though suit was filed in 2002 but said amending provision of Act having retrospective effect - As per amendment no objection with regard to termination of tenancy is permitted on the ground that legal notice as long as a period of 15 days was otherwise given to tenant to vacate the..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Can be allowed only when loss of original is proved - Merely because defendant denies the possession of originals it cannot be presumed that originals are lost - Application for secondary evidence, dismissed...........
Suit for possession -- Suit filed after 20 years from the date of dispossession - Suit is apparently and miserably barred by limitation for the purpose of recovery of possession or for eviction/ejectment...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Prima facie on strength of agreement to sell, particularly when possession had not been handed over to builder, it was not open to him to file writ application for demarcation of property as unencumbered property or otherwise...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - (a) Obligations of landlord and tenant; (b) Consequences of landlord's refusal/failure to take possession offered by tenant; (c) Liability of tenant to pay rent/mesne profits in such cases; (d) Remedy available to tenant in such cases - (i) tenant is bound to handover vacant and peaceful possession of..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Landlord's refusal/failure to take possession offered by tenant - If a dishonest landlord deliberately delays taking over of possession, tenant should (a) vacate the tenanted premises; (b) take photographs of the vacant premises; (c) seal the property in the presence of a Notary Public and thereafter,..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non refund of security deposit - Refundable security deposit should be deposited with a Bank/Financial institution under an Escrow agreement between the landlord, tenant and the Bank/Financial institution - Upon refusal of landlord to take possession offered by tenant, the tenant can deposit the keys..........
