Transfer of Property Act, 1882, Section 106, 107 -- Notice for eviction - Lease - Lease in question was for a period exceeding one year - Since it was unregistered, terms and conditions laid down therein were not enforceable nor binding upon parties in view of S.107 of the Act and S.49 of Registration Act - In the absence of any registered lease deed even if tenancy was..........
Transfer of Property Act, 1882, Section 106, 113 -- Suit for eviction - First Notice - Acceptance of rent after issuance of first notice - Landlord giving second notice and then filing suit for eviction - Mere acceptance of rent does not amount to waiver of first notice unless there is any other evidence to prove that landlord intended to do so - Tenant liable to evict..........
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..........
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..........
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..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable..........
