Rent and Eviction -- Once tenancy is created either orally or in writing with respect to a land or building then it is always subject to relevant provisions of Transfer of Property Act or State Rent Acts - Ss.105 to 111 of Transfer of Property Act provide certain safeguards, create some statutory rights, obligations, duties whereas State Rent Acts, inter alia, specify..........
Land Acquisition Act, 1894, Section 4, 6, Delhi Lands (Restrictions on Transfer) Act, 1972, Section 4 -- Acquisition of land - Restriction on transfer - Transfer prior to declaration u/s 6 of Land Acquisition Act but after notification S.4(1) of Land Acquisition Act - Such transfer thus, not void in State, as the same is not made after declaration of acquisition of land in..........
Transfer of Property Act, 1882, Section 105 -- Lease - Renewal clause - Specific performance - Parties intended to renew the lease by execution of a fresh lease deed and not a mere extension of the lease under existing lease deed - No formula or machinery provided in the lease deed in order to decipher the rate of rent or the duration of lease to be incorporated in the..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Disobedience and violation of order of Court - Sale deed executed and entire consideration paid before order of restraint - However, sale deed executed after passing of restraint order - It is the date of registration of document which is crucial inasmuch as transfer is effected and title passes only upon..........
Transfer of Property Act, 1882, Section 54 -- Sale - Expression `only' in S.54 of the Act is significant - Transfer comes into effect and becomes valid and effective only by a registered instrument - Date of registration of document is crucial in as much as transfer is effected and title passes only upon registration...........
Transfer of Property Act, 1882, Section 54, 55 -- Sale deed - Price or part thereof not paid - Title would pass provided intention of parties was that title should pass on execution and registration - Parties must intend not only to transfer the ownership in property but also that price would be paid either in present or in future - However, intention of parties is to be..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17(1)(d) -- Lease - Unregistered - Lease of immovable property from year to year or for any term exceeding one year can be made only by registered instrument...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17(1)(d) -- Lease - Unregistered - Unregistered lease deed cannot be taken into consideration with respect to terms and conditions of lease - It can only be used for collateral purposes - Terms and conditions of lease are main purpose of contract of lease - Unregistered document which cannot be..........
Transfer of Property Act, 1882, Section 107 -- Lease - Unregistered - Is inadmissible in evidence except for collateral purposes being unregistered, same principle of law will apply to letter and will not be admissible in evidence to show extension of period of tenancy, which cannot be stated to be collateral purpose by any stretch of imagination...........
Transfer of Property Act, 1882, Section 107 -- Lease - Termination - If tenants do not prove to be good teans that can also be valid ground from termination of tenancy...........
