Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A of the Act - Agreement to sell - Un-registered agreement was entered into in between defendant and original owner - Though defendant was put in possession but he failed to pay balance sale consideration and as such no sale deed was executed in his favour - Defendant not entitled to have protection u/s 53-A..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 47 -- Sale deed - Interpolations made after it was executed but before it was registered - Sale deed where entire consideration is paid would operate from the date of its execution - In the instant case consideration was entirely paid on the date of execution of sale deed - Thus, sale deed as..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - If payment is made by cheque and cheque is dishonoured, then sale deed cannot be considered invalid only on this ground...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Recitals of document were very specific that sale was on condition that if the executant fails to repay the amount within 2 years, sale shall become void on such payment being made - Since seller failed to repay the agreed amount within the period..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - A vendor cannot transfer a better title to the vendee than he himself possesses...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Relationship between parties of landlord and tenant not in dispute - Plaintiff had issued the notice demanding vacant possession of tenanted premises and payment of arrears of house rent within 15 days - Defendants has chosen not to contest the suit by leading evidence in counter - Courts..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- Lease of immovable property for five years with provision for renewal for further five years - Lease deed requires compulsory registration...........
