Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Validity of notice cannot be raised in view of provisions of S.106 of the Act, since suit was filed after expiry of 15 days period of giving notice...........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Validity - Plaintiff purchased suit property and defendant not denied his tenancy over suit property - Defendant objected only to the extent that co-sharer of suit property was not a party - However, said co-sharer never raised any objection in respect of sale of suit in favour of plaintiff and as such..........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Validity - Defendant denied receipt of notice - However, receipt was produced on record bearing signature of proprietor of defendant firm - Bare denial of signature without substantiating same by cogent evidence is not sufficient to dislodge presumption about service of notice - Courts below rightly..........
Rent and eviction -- Appellants lessees of State Govt. - Lease period expired since long - Lease not renewed - Notice directing appellants to vacate, without an opportunity for presenting their case and convincing authorities not sustainable...........
Transfer of Property Act, 1882, Section 106 -- Lease - Eviction notice - Shop in question was leased to tenant for a period of 11 months as per agreement between parties - After expiry of agreement, tenant became tenant on month to month rent - Eviction notice of 30 days u/s 106 of the Act as given by landlord to tenant is valid - Tenant evicted with conditions...........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice for eviction - Notice was given to tenant on 7.6.68 and thereafter possession was taken by landlord on 16.7.68 - Contention that as per principle of waiver, notice stood waived and since no fresh notice was given, suit was not maintainable - However, it is admitted between parties that tenant approached..........
Rent and Eviction -- Attornment - Proof - Attornment stands proved viz. (a) no reply to quit notice which amounts to waiver to challenge invalidity or infirmity of quit notice including ownership issue raised therein; (b) Letters sent expressing willingness to attorn and continue the tenancy and also offering to pay rent; (c) Filing suit for mandatory injunction to accept..........
Transfer of Property Act, 1882, Section 106 -- Lease - Notice of eviction - Plaintiff inducted defendant as sub-tenant of suit premises - By issuing first notice plaintiff terminated the lease - However, in the mean time settlement arrived at between parties and plaintiff permitted defendant to remain in premises, as it was agreed between parties that entire arrears of..........
Rent and Eviction -- Vacation notice by tenant to vacate the premises on 5.10.1994 - Reply not given by landlord to the notice - Possession alleged to be delivered on 05.09.1996 - Landlord maintained a strategic silence only to raise a claim for rent later on - If possession was not handed over at that time a notice for payment of rent ought to have been issued in the..........
Tripura Buildings (Lease and Rent Control) Act, 1975, Section 12(2), 12(3) -- Eviction petition - Non-payment of rent - Despite notice of demand for paying rent and also for vacating premise bonafide requirement, tenant did not pay arrears of rent within period as prescribed by tenant - Tenant not entitled to get any protection as provided under RCC Act - Petition..........
