Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 118,101 -- Jurisdiction of civil court - Plaintiff purchased land on basis of sale deeds - Question whether he was an agriculturist or not within meaning of the Act has been decided finally by Collector - Remedy of appeal to Commissioner and Financial Commissioner was never availed by..........
Government Grants Act, 1895, Delhi Municipal Corporation Act, 1957, Section 114, 2(3), 119 -- Grant of license by Govt. to construct/erect petroleum installation building - On completion of construction licensee given exclusive possession of the same - Held, this raises strong presumption about tenancy in favour of licensee - Document in question though titled as license..........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy stands terminated on filing of suit even assuming that notice was not served...........
Transfer of Property Act, 1882, Section 107 -- Rent received after termination of tenancy - Can be taken as charges towards use and occupation because after all a tenant is bound to pay charges till he vacates the tenanted premises...........
Transfer of Property Act, 1882, Section 107, 111 -- Unregistered lease deed for a period of three years - Stipulation of 20% increase of rent after every three years - Contention of tenant that he had right to continue as tenant once the rent was increased by 20% - Held, contention not tenable as lease document was an unregistered lease deed which cannot create a lease for..........
Adverse possession -- Meaning of entry `Gair Marusi' in revenue record - Entry of gair marusi is made irrespective of fact as to whether occupier is tenant or not - Status of occupant can be determined on combined reading of all the entries in the jamabandi particularly the entry made in column of rent - In the instant case, entries in jamabandies in the column of rent..........
Transfer of Property Act, 1882, Section 107 -- Lease - A lease not commenced or continued pursuant to registered instrument can never be considered as a lease from year to year or yearly tenancy...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Monthly tenancy can be terminated by 15 days clear notice...........
Transfer of Property Act, 1882, Section 105 -- Lease - Life interest holder - Precluded only from alienating the property and it does not mean that tenancy created by life interest holder comes to an end on his/her death...........
Transfer of Property Act, 1882, Section 109 -- Tenancy - Subsequent purchaser - Transferee automatically steps into the shoes of transferor and possesses all rights which the transferor had - When there is automatic attornment of tenancy in favour of the subsequent purchaser of the property, there is no need for the tenant to approach the subsequent purchaser for the said..........
