Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quit notice - Found invalid - Held, service of summons of the suit for eviction of the tenant showing the categorical intention of the landlord asking the tenant to vacate the tenanted premises can be taken as a notice u/s 106 TPA read with O.7.R.7 CPC...........
Transfer of Property Act, 1882, Section 106, 107, Arbitration and Conciliation Act, 1996, Section 16, Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 33, 35 -- Arbitration agreement - Lease deed containing arbitration clause not duly stamped - Document and arbitration clause therein cannot be acted upon - If deficit stamp duty and penalty is paid then..........
Transfer of Property Act, 1882, Section 106, 107, Arbitration and Conciliation Act, 1996, Section 16, Registration Act, 1908, Section 17, 49 -- Arbitration agreement - In unregistered lease deed for a period of thirty years - When arbitration agreement did not provide for arbitration in regard to all and whatsoever disputes but provided only for settlement of disputes..........
Transfer of Property Act, 1882, Section 106 -- Notice - Sent by registered post at correct address - Once plaintiff led evidence and duly proved the service of legal notice, defendant is bound to lead rebuttal evidence to show that notice was not served although the same was posted to the correct address - Rebuttal evidence not led - Held, notice was duly served...........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy stands terminated on filing of suit even assuming that notice was not served...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Receiving rent after issuing quit notice - Cannot be said to be a conduct satisfying 'assent' to the continuance of lease after its expiry...........
Transfer of Property Act, 1882, Section 106 -- Lease - Except lease of immovable property for agricultural or manufacturing purpose, the lease for any other purpose would be deemed to be monthly lease...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Monthly tenancy can be terminated by 15 days clear notice...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice sent by registered post - Received back with postal endorsement `Refused' - Refusal admitted by tenant in cross examination - Tenancy held legally terminated - Suit for possession rightly decreed...........
Transfer of Property Act, 1882, Section 106 -- Notice - Eight days notice given against prescribed period of 15 days - Suit however filed after expiry of 15 days - Notice not valid in view of amended provision if suit is filed after expiry of 15 days of notice period...........
