Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy was a monthly tenancy - Notice therefore u/s 106 of the Act for a period of 15 days was mandatory - Suit for eviction was filed much after expiry of 15 days from date of service of notice - Mandatory requirement of S.106 of the Act is duly complied with - Tenant rightly evicted...........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Shop in question is constructed after 1985, therefore it is exempted from operation of U.P Act of 1972 - Factum of service of notice terminating tenancy in terms of S.106 of the Act not disputed - Tenant defaulted in payment of rent - Tenant rightly evicted...........
Transfer of Property Act, 1882, Section 106, 107 -- Notice for eviction - Manufacturing process going on in the schedule property - There is no valid contract between parties - Tenancy is therefore month to month - Termination of tenancy by issuing 15 days notice is valid - Tenant rightly evicted...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - When a statement has been given on oath, then onus lies upon plaintiff to prove that notice was sought to be served upon defendant but he actually refused to receive the same...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - DW1 categorically denied of having been sought to be served any notice for ejectment - Onus lies upon plaintiff to prove that notice was sought to be served upon defendant - Except producing envelope containing endorsement of `Refusal' to rebut evidence of defendant that he did not receive..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Eviction suit - Notice u/s 106 of the Act, seeking termination of tenancy upon expiry of statutory period as per S.111(h) of the Act, duly served upon tenant - Tenancy stood determined upon expiry of statutory period - Tenant liable to be evicted...........
