Judgment Search Results Home > Cases Phrase: transfer of property act 1882 section 106 duration of certain leases in absence of written contract or local usage Page 1 of about 149 results (0.239 seconds)

Porkala Vs. T.Girija and ors.

Court : Chennai

..... indisputably, unarguably and unassailably, the defendant has been carrying on manufacturing process in the suit property, in such a case the deceased 1st plaintiff claiming himself to be landlord ought to have given six months' notice under section 106 of the transfer of property act, 1882 but on the other hand throwing to winds those salient features contemplated in favour of the tenant under section 106 of the transfer of property act, 1882 the landlord simply issued the truncated notice giving only 15 days' time and the suit ..... accordingly, if viewed there should have been proper pleading to the effect in the written statement that the said notice ex.a.1 was a defective one in view of section 106 of the transfer of property act, as it fell short of six months' time contemplated therein because the defendant was carrying on business, which is related to manufacturing purposes ..... by way of resisting the suit filed the written statement setting out various grounds including the one that the lease agreement itself was a defective one. 5. ..... (c) the lease as embodied in ex.a.8 is found written on insufficiently stamped papers and it is an unregistered ..... the courts below were therefore, right in holding that the lease in the present case was not for manufacturing purposes, and the tenancy had been rightly terminated by thirty days notice ..... the judgment of the courts below are vitiated for having ruled that ex.a8, can insufficiently and unregistered lease deed as admissible in evidence? .....

Deluxe Dentelles Pvt. Ltd. and Anr. Vs. Smt. Ishpinder Kochhar

Court : Delhi

..... section 106 of transfer of property act, 1882 prescribes duration of certain leases in absence of written contract or local usage. ..... duration of certain leases in absence of written contract or local usage (1) in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable on the part of either lessor or lessee, by fifteen days notice. 20. ..... a lease granted for any purpose, be it residential, commercial, manufacturing or agricultural, can be made only by a registered instrument if duration of the lease is for the period stated in the first paragraph of section 107 of the transfer of property act, 1882. ..... it is not disputed that the contract to the contrary, as contemplated by section 106 of the transfer of property act, need not be an express contract; it maybe implied, but it certainly should be a valid contract. ..... sub-section 1 of section 106 is a deeming provision as per which, in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year. .....

Gold Medal Rep. Sole Proprietor, Mohd Ali Arifi (Died) and ors. Vs. Sm ...

Court : Andhra Pradesh

Reported in : 2004(5)ALT542

..... even otherwise, section 106 of the transfer of property act, 1882, deals with duration of certain leases in absence of written contract or local usage, which reads hereunder:(1) in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable ..... a6, and also in the light of the amended provision referred to supra, which had watered down the rigour of section 106 of transfer of property act, 1882 as it originally stood prior to the amendment act, i am of the considered opinion that this ground also cannot be sustained. ..... the notice under section 106 of the transfer of property act, 1882, the plaintiff - ..... the institutional defect in the suit and whether it amounts to only a curable irregularity?b) whether a suit for eviction of defendants can be instituted without service of notice under section 106 of the transfer of property act, particularly when the respondent - plaintiff had earlier issued ex-a5 suit notice and again issued ex-a3 under the said provision of law, when ex-a3 is not served in the required modes of service ..... lease period, would not arise and if 15 days notice is issued it would be sufficient compliance under section 106 of transfer of property act .....

M. Gangadhara Rao Vs. Bapurao Naidu, Revenue Divisional Officer, Amala ...

Court : Andhra Pradesh

Reported in : 1998(6)ALD132; 1998(6)ALT8

..... section 106 of the act deals with the duration of certain leases in the absence of written contract or local usage and all leases of immovable properties for agricultural or manufacturing purposes will be deemed to be a lease from year to year terminable, on the part of either lessor or lessee, by six months notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days notice expiring with the end of a month of the tenancy. ..... kariik chandra das, : [1961]3scr813 for the following effect:'section 116 of the transfer of property act insofar as it is material provides that if a lessee of property remains in possession thereof after the determination of the lease granted to him and the lessor accepts rent from the lessee or otherwise assents to his continuing in possession, the lease is, in uk absence of an agreement to the contrary, renewed from year to year or from month to month according to the purpose for which the property is leased as specified in section 106. ..... but under section 117 of the transfer of property act, the leases for agricultural purposes are exempted from the provisions of the transfer of property act.9. ..... the lease of immovable properties is governed by chapter 5 of the transfer of property act, 1882. .....

M/S. G.M. Enterprises (P) Ltd. Vs. M/S. Shyam Ahuja Limited.

Court : Delhi

Reported in : 2000VAD(Delhi)187

..... section 106 of the act deals with the duration of certain leases in absence of written contract or local usage ..... that if the defendant continued in lawful possession of the suit property the tenancy could not have been terminated by the issuance of a notice under section 106 of the 'transfer of property act, there being no default in payment of rent and no transgressions or violation of the terms of the lease. ..... section 106 in the contingency envisaged in section 111(h) of the transfer of property act ..... in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lesser or lessee by six months' notice expiring with the end of a year of the tenancy; and a lease of imovable property for any other purpose shall be deemed to be a lease from month to month terminable, on the part of either lesser or lessee, by fifteen days notice expiring ..... to the provisions of the transfer of property act, 1882 (hereinafter called `the act'). ..... executed by both the lesser and the lessee: provided that the state government may, from time to time, by notification in the official gazette, direct that leases of immovable property, other than leases from year to year or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession'. '5. .....

Burmah Shell Oil Distributing Now Known as Bharat Petroleum Corporatio ...

Court : Supreme Court of India

Reported in : AIR1988SC1470; JT1988(2)SC429; 1988(1)SCALE1074; (1988)3SCC44; [1988]3SCR811; 1988(2)LC148(SC)

..... section 106 of the act deals with the duration of certain leases in absence of written contract or local usage and section 107 deals how leases are to be made. ..... it was held that though the notice dated 11th april, 1959 could be construed to be composite notice under section 4(a) of the accommodation act and section 106 of the transfer of property act it was ineffective under section 106 of the transfer of property act because it was not a notice of 15 clear days. ..... absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.every notice under this section ..... it is relevant in this connection to refer to the provisions of the transfer of property act, 1882 (hereinafter called 'the act'). .....

Bank of India Vs. V. Swaroop Reddy

Court : Andhra Pradesh

Reported in : AIR2001AP260; 2001(2)ALT388

..... duration of certain leases in absence of written contract or local usage:-- in the absence of a contract or local law or usage to the contrary a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy and a lease of immovable property for any other purpose, shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy,, ..... examine in detail the conduct of the parties as could be seen in the documents extracted above with reference to the statutory provisions incorporated in the transfer of property act, 1882 as also indian contract act, 1872. ..... section 106 of the transfer of property act, 1882 reads: '106 ..... mesne profits to the landlord for continuing in possession without any authority of law and similarly in view of the legal position already discussed hereinbefore as regards the principle of 'unjust enrichment' under the provisions of section 70 of the indian contract act, 1872, we come to the irresistible conclusion that the defendant-bank is liable to pay the plaintiff the entire amount of suit-claim. ..... held that the respondent's claim against the appellant was, however, justified under section 70 of the indian contract act, and he came to the conclusion that the said claim was not barred .....

Oasis Bar and Restaurant and ors. Vs. P. Umabala and anr.

Court : Andhra Pradesh

Reported in : 2002(4)ALD508

..... duration of certain leases in absence of written contract or local usage : 'in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six month's notice expiring with the end of i year of tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessee, by fifteen days' notice expiring with the end of a month of tenancy.every notice under this section must be in writing signed ..... existence of a valid lease is a prerequisite to invoke the rule of construction embodied in section 106 of transfer of property act.section 107 prescribes the procedure for execution of a lease between the parties. ..... before deciding the validity of quit notice issued by the plaintiffs, it is necessary to have a look at section 106 and 107 of transfer of property act, 1882. ..... of word 'manufacture' to describe the process of preparation of sweets -- though not unknown -- is, generally speaking, not very appropriate and as a general rule it cannot be held that preparation of sweetmeats would answer the test of 'manufacture' for purposes of section 106 of the transfer of proper act, normally it does not act. .....

Allahabad Bank Vs. Prakash Shankar Wagh

Court : Mumbai

Reported in : AIR2006Bom321; 2006(3)ALLMR369; 2006(3)BomCR4; 2006(4)MhLj154

..... duration of certain leases in absence of written contract or local usage -(1) in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on fifteen days' notice.the transitory provision, section 3, is as follows: 3 ..... this was the state of affairs which parliament sought to obviate in enacting an amendment to section 106 of the transfer of property act, 1882. ..... the court, however, was of the view that the notice dated 22nd august, 2000 did not meet the requirements of a valid notice under section 106 of the transfer of property act, 1882. ..... the petitioner therefore claims to have acquired a right to have the lease terminated only in accordance with the provisions of section 106 of the transfer of property act, 1888 as it stood prior to its amendment and this according to the petitioner was crystalised when the lease was executed. ..... the appellate bench took note of the transfer of property (amendment) act 2002, which amended the provisions of section 106 and pursuant to which a lease of immovable property from month to month is terminable on the expiry of 15 days' notice ..... section 106 of the transfer of property act, 1882, prior to its amendment, provided as follows :106. .....

Nicholas Piramal India Ltd. Vs. B.N. Chadha (Deceased) Through Lrs. an ...

Court : Delhi

Reported in : 2006(92)DRJ290

..... reads as under:section 106: duration of certain leases in absence of written contract or local usage:1. ..... upon the amendment to section 106 of the transfer of property act, 1882 and the transitional provisions made by act 2 of 2003. ..... section 106 of the transfer of property act, 1882 after the same was amended by act ..... tenancy in question was not protected under the rent control act, the validity of the notice issued under section 106 of the transfer of property act, 1882 was by far the only defense seriously urged before the court ..... in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lesser or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lesser or lessee, by ..... more importantly, transfer of property (amendment) act, 2002 (act 3 of 2003) which admittedly came into force after the institution of the present suit makes a transitory provision in section 3 which reads:section 3: the provisions of section 106 of the principal act, as amended by section 2, shall apply to-(a) all notices in pursuance of which any suit or proceeding is pending at the commencement of this act; and(b) all notices which have been issued before the commencement of this act but where no suit or proceeding has been filed .....