Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - As and when an eviction suit is filed under the general law in the State of Haryana, this in itself is a notice to quit tenant - No prior notice u/s 106 of the Act to quit is required to be given in order to get a decree of eviction against tenant...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice was served on tenant terminating tenancy - Suit for eviction filed almost after another two years, thus more than sufficient time had been given to defendant so as to vacate premises - Findings of Courts below on issue relating to validity of notice regarding termination of tenancy..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside transfer deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when transfer was made subject to said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of daughter - Father is aged about 75 years of age in 2021 - Nothing on record to even remotely show that basic amenities were being provided by petitioner - Once the ingredients of S.23 of the Act are fulfilled, application ought to be allowed - Transfer..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Plea of jurisdiction rejected in an application filed U.O.7.R.11 CPC - Same argument of lack of jurisdiction cannot be raised in a petition seeking transfer of proceedings while having accepted the said finding recorded in an application U.O.7.R.11 CPC and by not seeking judicial redress against the same...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Plea of jurisdiction rejected in an application filed U.O.7.R.11 CPC - Same argument of lack of jurisdiction cannot be raised in a petition seeking transfer of proceedings while having accepted the said finding recorded in an application U.O.7.R.11 CPC and by not seeking judicial redress against the same...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside the transfer deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when the transfer was made subject to the said condition...........
