Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Tax paid receipts - Tax deposit receipts for the year 1989-90 to 1992-1993 - If the respondents are licencees then there is nothing strange that appellants who are not residing in the city had sent the tax amount through respondents for payment to the Municipal Authorities -..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Assessment Register Extracts - Do not prove tenancy - At best it helps to show the possession...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Deposit in Bank account - Appellant not informed about deposit - Deposit challans did not show that deposits were made towards rent - There were no rent receipts issued by the landlord - Respondents did not choose to send the rent by postal money orders - No explanation as to..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Electoral roll - Held, Electoral Roll do not show as to whether a person is occupying premises as a tenant or as a licencee - It may at best show that the person was residing in the premises...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Notices - In view of the pending litigation, non issue of the replies to the notices cannot be treated as an admission of the averments in the notices...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Application for fixation of fair rent - Tenancy denied in that proceedings - Petition was dismissed for non prosecution - Held, filing of application for fixation of standard rent do not prove tenancy...........
Civil Procedure Code, 1908, Order 22, Rule 10(1), Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - May not be a necessary party to be impleaded U.O.1.R.10 CPC - However, he is entitled to step in the shoes of the litigant whose interest is devolved upon him - S.52 TPA is not an embargo for..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Commences from the date of presentation of the plaint - Mere fact that there was no stay for alienation of the property does not protect the rights of bona fide purchaser...........
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser pendente lite - Impleaded as party - Cannot legally claim any independent right to contest the suit - He can only watch his interest alongwith other defendants, from whom, he had purchased the land, during the pendency of the suit, as contemplated under Order 22 Rule 10..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - (a) substance of the document must be preferred to the form; (b) the real test is the intention of the parties-whether they intended to create a lease or a license; (c) if the document creates an interest in the property, it is a lease; but, if it only permits another to make..........
