Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - Failure of tenant to prove forfeiture of tenancy prior to expiry of lease period - Mere non-payment of rent does not amount to forfeiture of tenancy - However it only confers right on landlord to seek possession - Landlord filing suit within 12 years..........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Once lease deed came to an end due to lapse of tenancy, tenant cannot take benefit of terms of agreement and ask landlord to issue three months prior notice as per terms of lease deed...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Cancellation - An adjudication with respect to void or voidable nature of a registered sale deed could be adjudicated only by a civil Court - Once sale deed is executed, title and interest in the property owned by vendor is transferred to the vendee - No part of the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Receipt for transaction towards sale of immovable property - There is not a single word that any property is being transferred and receipt is towards consideration received for transfer of certain property - Neither the term sale nor any term indicating handing over of possession have been mentioned in..........
Transfer of Property Act, 1882, Section 111 -- Termination of lease - Sub-letting - Lease came to end in 1996 and same not extended - Lease agreement does not give an automatic right of renewal to tenants - Since tenants sub-let the property which is reflected in inspection report of Revenue Officer and there has been breach of terms and conditions of lease agreement by..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 10, 23, Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Gift deed by senior citizen - Cancellation - Res judicata - Bar of O.2.R.2 CPC - In an earlier application, gift deeds were not cancelled, but alternatively shelter was provided by Tribunal..........
Transfer of Property Act, 1882, Section 118 -- Exchange of land - Exchange by a statutory body like Gram Panchayat needs to be brought about by a legally enforceable and valid resolution which is to be approved by Competent Authority under Government of Haryana - Since alleged exchange deed was never got duly sanctioned by competent authority, therefore, no legitimacy can..........
Transfer of Property Act, 1882, Section 122, 10 -- Gift - Condition restraining alienation - Condition restraining donee from alienation of gifted property, cannot be imposed, as such condition is void u/s 10 of the Act...........
Transfer of Property Act, 1882, Section 122, 13 -- Gift - Property gifted to minor and not to an unborn person - S.13 of the Act thus, has no application...........
