Easement Act, 1882, Section 53, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Exclusive possession by itself would not militate against the concept of a licence, if the circumstances negative any intention to create a tenancy...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 118 -- Exchange of immovable property of more than Rs.100/- requires registration...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 118, Evidence Act, 1872, Section 91 -- Exchange - Oral exchange of immovable property of more than Rs.100/- is not permissible in view of amendment of S.49 Registration Act - Document which is required to be registered necessarily under the Transfer of Property Act but not under the..........
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4 -- 'Dwelling house' - Determination - In the instant case bar of S.44 not attracted as suit land is neither part of plaintiff's house nor appurtenants used by plaintiff - Thus, plaintiff's suit deserves to be dismissed - Legal aspects - Clarified...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Possession delivered - Defendant refused to pay interest on the amount due as provided for in the agreement - Defendant can therefore be held to be not ready and willing to perform her part of contract under the agreement and also set up a false claim of making some payments under the..........
Transfer of Property Act, 1882, Section 108(e) -- Complete destruction of building - Relationship of landlord and tenant - Continue to be so when tenancy is in respect of land and building and come to an end where it is qua building alone - When tenancy is in respect of building alone and the same is completely destroyed tenant cannot put up any structure upon the lands..........
Transfer of Property Act, 1882, Section 108(e) -- Destruction of building - Tenancy qua building alone - There is automatic termination of lease - However, landlord can claim recovery of possession of land only through civil Court - Cannot trespass upon land on ground that lease is terminated...........
Transfer of Property Act, 1882, Section 111 -- Lease for 10 years expired by efflux of time - Tenant spent crores of rupees on its restructuring and renovation etc. - No ground for making a tenant stay beyond the agreed period of lease...........
Transfer of Property Act, 1882, Section 11 -- Landlord - Suit for possession - A landlord may not be an owner but owner is necessarily a landlord...........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 12 -- Co-owner - Has a right to file suit for recovery of possession on expiry of lease period by efflux of time - Co- owner is not required to prove his title in such case - There is no distinction between suit for eviction and suit for recovery of possession...........
