Transfer of Property Act, 1882, Section 116 -- Termination of lease - Mere acceptance of rent by landlord after expiry of period of lease would not amount to waiver of termination of lease...........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Expiry of lease - If lessor accepts payment of lease money from tenant then S.116 confers status of tenant holding over on yearly or monthly basis - After expiry of lease period, and in absence of payment of rent by lessee, status of lessee would be that of tenant at sufferance and not tenant holding..........
Specific Relief Act, 1963, Section 34, 38, Transfer of Property Act, 1882, Section 116 -- Suit for declaration of ownership - Seeking injunction against defendant claiming possession on basis of tenancy - Plaintiff claiming ownership on basis of entry in jamabandi and oral family settlement - Operation of S.116 of T.P. Act would confer legitimacy to possession of the..........
Transfer of Property Act, 1882, Section 116 -- Termination of tenancy - Mere acceptance of rent after termination of lease and during pendency of suit does not result in waiver of right to evict a tenant...........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Entitled to protection only against unlawful eviction - However, tenant at sufferance as assignees are not entitled to any estate or property and right to remain in possession cannot be assigned...........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 116, Transfer of Property Act, 1882, Section 48 -- Possession - Permanent injunction - Once defendant No.2 had transferred rights in suit property to plaintiff in terms of documentation, then subsequently, merely because DDA had executed a conveyance Deed in favour of defendant No.2 would not mean that..........
Transfer of Property Act, 1882, Section 116 -- Tenants holding over and tenants at sufferance - Difference - Tenant continuing in possession after determination of lease without consent of landlord, he is tenant by sufferance - Whereas, if tenant is continuing in possession after determination of lease with landlord`s consent, class of tenants called as tenant holding over..........
Transfer of Property Act, 1882, Section 116 -- Tenants at sufferance and trespasser - Difference - Possession of trespasser is lawful both in its inception and in its continuance - Whereas, possession of tenant at sufferance is rightful in its inception, but wrongful in its continuance...........
Transfer of Property Act, 1882, Section 116 -- Tenants at sufferance - Original tenant permitted to continue in possession of suit premises after determination of lease on payment of rent - However, original tenant did not pay rent and continued to stay for sometime - Original tenant is tenant holding over till the time of default in paying rent and after that tenant at..........
Transfer of Property Act, 1882, Section 116 -- Tenants at sufferance - Plaintiffs are in possession of suit premises as tenants at sufferance - Although plaintiffs have no right to continue in possession of suit property yet their possession is to be protected by law until they are evicted by taking recourse to law - Said possession cannot be taken by force even by..........
