Transfer of Property Act, 1882, Section 116 -- Tenant holding over - Act of holding over after the expiration of the term does not create a tenancy of any kind - A new tenancy is created only when landlord assents to the continuance of the erstwhile tenant or the landlord agrees to accept rent for the continued possession of the land by the erstwhile tenant...........
Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13, Civil Procedure Code, 1908, Order 15, Rule 5 -- License - Cancellation - Non payment of rent - Ejectment petition filed within 10 years from the date of completion of the building - Protection of Rent Act not available - Cancellation of tenancy for non..........
Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Subsequent events - Moulding of relief - Conditions to be satisfied : (i) that the relief, as claimed originally has, by reason of subsequent events, became inappropriate or cannot be granted; (ii) that taking note of such subsequent event or changed..........
Transfer of Property Act, 1882, Section 58(c) -- Simple mortgage - Three items of property given as security - Plaintiff unable to discharge simple mortgage and at the intervention of Panchayatdars plaintiff executed a deed whereby one property sold to defendant with a right reserved to repurchase same within a period of three years on payment of Rs.3, 000/- - Suit for..........
Transfer of Property Act, 1882, Section 54 -- Sale - Executed as security for loan - Title and interest remain with the owner who can repossess the property on repayment of loan - Separate agreement executed by parties to reconvey the property on repayment of loan does not ipso facto lead to the conclusion that sale is not nominal...........
Transfer of Property Act, 1882, Section 54 -- Nature of transaction - Nominal sale deed - Plaintiff took loan of Rs. 400/- - Sale deed executed as surety in favour of Defendant - Agreement with regard to reconveyance of property on repayment of loan amount within 3 years also executed - Plaintiff failed to repay the loan - Mutation of property entered in favour of..........
Limitation Act, 1963, Article 62, Transfer of Property Act, 1882, Section 58(f), 54 -- Bank loan through overdraft facility by mortgaging property as collateral security by deposit of title deed - Deposit of title deed denied and Bank failing to rebut denial - Letter for redepositing title deed dated three months prior to date of sanction of loan and material particulars..........
Transfer of Property Act, 1882, Section 106 -- Eviction petition - Notice u/s 106 TPA - There is no legal requirement for issuance of a notice u/s 106 of Transfer of Property Act before institution of an eviction petition...........
Transfer of Property Act, 1882, Section 106 -- Eviction petition - Notice u/s 106 TPA before institution of eviction petition - Condition as to issuance of notice printed on back side of rent receipt issued by landlord - On this basis parties cannot be said to have accepted it as a condition of lease - Rent receipt is a document issued by landlord acknowledging receipt of..........
Transfer of Property Act, 1882, Section 63A(1), 63A(2), 72, 76(d) -- Mortgage - Improvements by subsequent mortgagee - Original mortgagee created subsequent mortgage - Subsequent mortgagee claimed additional amount towards repairs etc. - No privity of contract between mortgagor and subsequent mortgagee to carry out repairs - In absence of any written consent or any express..........
