Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Filing of suit itself can be taken as a notice for terminating tenancy and as such tenancy of tenants stood terminated and they are liable to hand over possession of tenanted premises - Suit decreed...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - Plea regarding validity of notice is legal plea and can be taken even during course of arguments in second appeal...........
Transfer of Property Act, 1882, Section 106 -- Notice - Amendment of 2003 - Eviction suit - Though suit was filed in 2002 but said amending provision of Act having retrospective effect - As per amendment no objection with regard to termination of tenancy is permitted on the ground that legal notice as long as a period of 15 days was otherwise given to tenant to vacate the..........
Constitution of India, 1950, Article 226, Transfer of Property Act, 1882, Section 70 -- Accession of mortgaged property - Writ jurisdiction - It was not open to High Court to take up these questions under writ jurisdiction and to declare properties as unencumbered - It was for parties to agitate questions before DRT where recovery proceedings are pending...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - (a) Obligations of landlord and tenant; (b) Consequences of landlord's refusal/failure to take possession offered by tenant; (c) Liability of tenant to pay rent/mesne profits in such cases; (d) Remedy available to tenant in such cases - (i) tenant is bound to handover vacant and peaceful possession of..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Landlord's refusal/failure to take possession offered by tenant - If a dishonest landlord deliberately delays taking over of possession, tenant should (a) vacate the tenanted premises; (b) take photographs of the vacant premises; (c) seal the property in the presence of a Notary Public and thereafter,..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non refund of security deposit - Refundable security deposit should be deposited with a Bank/Financial institution under an Escrow agreement between the landlord, tenant and the Bank/Financial institution - Upon refusal of landlord to take possession offered by tenant, the tenant can deposit the keys..........
Transfer of Property Act, 1882, Section 55 -- Auction sale - Non-deposit of balance amount - Forfeiture - Buyer not asked the bank to make available title deeds of premises in question for inspection before submission of bid - Nor pointed out any irregularity before submitting bid and before removing plant and machinery therefrom - Property was sold by bank on `AS IS WHERE..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Cancellation of registered sale deed - Can only be done by a registered document as unregistered document has no legal value...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - When sale deed in question continues to be valid and defendant had become owner of suit property, suit of plaintiff seeking cancellation of sale deed is not maintainable...........
