Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Tenancy of a period of three years on month to month basis - It cannot be said that parties intended to create tenancy for fixed period of three years - Rent note is not a lease deed which may require registration - It is simply a memorandum creating tenancy from month to month terminable by notice u/s..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for recovery of possession by landlord - Landlord tenant relationship admitted - Service of notice terminating tenancy also admitted - Plea of tenant that landlord agreed to sell tenanted premises to him - Agreement to sell not registered - Nothing available on record to show that tenancy ended..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Possession with respect to tenanted premises - Tenancy admitted - Since rent is more than Rs.25,000/- as such protection of Rent Act is not available - Monthly tenancy terminated by notice u/s 106 TPA - Service of summons in suit can be taken as notice u/s 106 TPA - Court committed gross illegality in..........
Transfer of Property Act, 1882, Section 108 -- Tenancy - Destruction of building alone does not determine tenancy when land which was site of building continues to exist - In the event of tenancy having been created in respect of a building standing on the land, it is the building and the land which are both components of the subject-matter of demise and destruction of..........
Transfer of Property Act, 1882, Section 111(g) -- Sub-tenancy - Eviction suit - Plaintiffs were found to be absolute owners with valid title under registered sale deed - Tenants denied title of plaintiff-landlord and thus forfeited right of tenancy - Plaintiff, held, entitled to possession of suit premises - Suit rightly decreed...........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 36 -- Supply of water - Right of tenant - Held, as per S.36 landlord shall not be competent to curtail or terminate supply of canal, kuhl or use of well water enjoyed by a tenant immediately before commencement of the Act - Breach of provision of S.36 shall constitute a cognizable offence punishable under law...........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Vesting of right in tenant - Held, all right, title and interest including a contingent interest of a land owner other than land owner entitled to resume land u/sub-S.(1) shall be extinguished and all such rights, title and interest in respect of land in question vest in tenant free from all encumbrances..........
Tenancy Law -- Tenancy rights - Divesting of tenancy rights by means of a Will is subject to tenancy laws of concerned State - General tenancies are to be regulated by governing legislation which favour that tenancy be transferred only to family members of deceased original tenant - However, in absence of any specific provision, general laws of succession apply...........
Transfer of Property Act, 1882, Section 106, 116 -- Tenant holding over - Eviction suit - Tenancy of month to month does not come to end by efflux of time and same comes to end only on expiration of notice to quit as per terms of S.111(h) of T.P.Act - In instant case, defendant being a tenant holding over was entitled to six months notice in terms of lease deed for..........
Indian Penal Code, 1860, Section 376, 498A, 109 -- Dowry demand, rape, abetment of rape - Matrimonial dispute between victim and her husband regarding dowry demand and cruelty - Mother-i, law alleged to have pushed her tenant in the room of prosecutrix where he committed rape on prosecutrix - Prosecutrix had delivered a child just about one month prior to incident and when..........
