Transfer of Property Act, 1882, Section 105 -- Name of appellant appearing in records from 1951-52 to 1971-72 as `tenants at will' - Conclusion is that he is tenant at will liable to eviction according to law - Appellant in uninterrupted possession and enjoyment of property for over 20 years - It is unthinkable to conclude that they are only licensee.'..........
Transfer of Property Act, 1882, Section 105 -- Lease or licence - To find out the true import of a document pith and substance of document are required to be considered - Embargo put against subletting in document - Due to this clause it cannot be held that it is an agreement for lease, although, normally, in a case of licence, question of sub-letting does not arise...........
Transfer of Property Act, 1882, Section 105 -- Lease or licence - Alleged oral agreement of lease and consequential acceptance of payment of enhanced rent and payment of premium - No convincing material on record on the basis of which, it could be established by the defendant - Finding against defendant that he was inducted as a lessee on revised terms on the basis of an..........
Transfer of Property Act, 1882, Section 105, 106 -- Legal and lawful possession - Assent of landlord to continue after determination of tenancy - It creates new tenancy - A tenant after expiry of period of lease may be holding over and lessor may acquiesce in his continuance expressly or impliedly - From conduct of lessor, tenant's possession may stand converted into law -..........
Transfer of Property Act, 1882, Section 105, 111, 116 -- Expiry of lease period -Landlord not accepting to tenant's continuance in possession - Tenant not a tenant holding over - A tenant who continues in possession with consent of landlord would be called a tenant holding over or a tenant at Will...........
Transfer of Property Act, 1882, Section 105, Limitation Act, 1963, Article 65 -- Lessee cannot plead adverse possession...........
Transfer of Property Act, 1882, Section 105 -- License - Payment of license fee is not an essential attribute for the subsistence of a license...........
Transfer of Property Act, 1882, Section 105 -- Death of tenant - His heirs become tenants in common and not joint tenants...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and licence - Distinction - Cardinal distinction between a lease and a licence is that in the former there is a transfer of interest in immovable property to enjoy, where in the later case there Is no transfer of interest in immovable property at all - An important feature of lesee's right..........
Transfer of Property Act, 1882, Section 105 -- Lease for 999 years-Not illegal...........
