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 Court: rajasthan Page 1 of about 2 results (0.159 seconds)

Rajendra Cloth Store and Anr Vs. Gopi Kishan

Court : Rajasthan Jodhpur

..... duration of certain leases in absence of written contract or local usage. ..... petition under article 226 and 227 of the constitution of india has been filed by the petitioner aggrieved against order dated 08.03.2013 passed by the trial court, whereby, the application filed by the petitioners under section 114 of the transfer of property act, 1882 ('the act') has been rejected. ..... in the present case, the plaintiff has issued a notice annexure-1 through his counsel though noticing the default in payment of rent but thereafter expressly determining the tenancy in terms of section 106 of the act, which provides that a lease of immovable property is terminable on part of the lessor by 15 days' notice other than a lease of immovable property for agriculture or manufacturing purposes and the mode of termination is provided under section 111(h) of the act, which in the present case has been invoked. ..... : air1969sc1349 learned counsel for the respondent vehemently opposed the submissions made by learned counsel for the petitioners.it was submitted that the provisions of section 114 of the act are not applicable; the tenancy having been terminated by issuance 3 of notice under section 106 of the act; section 114 of the act is not applicable and, therefore, the order impugned does not call for any interference. .....

Gudarmal Vs. Bansilal and anr.

Court : Rajasthan

Reported in : AIR1971Raj175; 1970(3)WLN485

..... with this position learned counsel for the respondents relied on section 91 of the transfer of property act, 1882 and submitted that besides the mortgagor any person who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same may institute a suit for redemption of the mortgaged property. ..... to my mind there is a fundamental distinction between the two provisions and it would not be proper to interpret section 91(a) of the transfer of property act in light of the language used in order xxxiv, rule 1, civil p. c. ..... for the appellant submits that there is apparent similarity between section 91(a) of the transfer of property act, and order 34, rule 1, civil p. c. ..... have come to the conclusion that section 91 of the transfer of property act gives authority to any person who has any interest in the mortgaged property including that of an owner to institute a suit for redemption of the mortgaged property. ..... but section 91(a) of the transfer of property act speaks of persons having interest in the mortgaged property (not security), and also of persons having interest in the right ..... relevant part of section 91 of the transfer of property act reads as under ..... not a necessary' party inasmuch as he has no interest in the mortgaged security or in the right of redemption and the only occasion on which a judgment debtor could rightly be made a party to a mortgage suit is when he is in the position described in section 91 of the transfer of property act. .....

Banwarilal Sharma Vs. Ram Swaroop

Court : Rajasthan

Reported in : AIR1974Raj178; 1974(7)WLN192

..... 1958 sc 183 relied upon by the learned counsel for the landlord-respondent, supports his contention that a document like the one before us which embodies all the essential terms and conditions of a lease and which is signed by both the parties to the contract, namely, the lessor and the lessee, did not constitute an instrument of lease within the meaning of section 105 read with section 107 of the transfer of property act and was admissible in evidence. ..... counsel for the tenant-applicant before us that as the document exhibit 1 bears the signatures of both the tenant and the landlord, it was a bilateral agreement of tenancy and under the second clause of section 107 of the transfer of property act, it required registration and in the absence thereof, the said document was inadmissible in evidence and no rights flowed from it. ..... section 105 of the transfer of property act lays down that a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, or in perpetuity, in consideration of a price paid or promised, to the transferor by the transferee, who accepts the transfer ..... 1, which is on a printed form, although styled as a 'kirayanama' (rent-deed) and purports to have been written by the tenant in favour of the landlord, it enumerates all the requisite terms and conditions constituting the lease of the premises in question, including the period of the demise and the consideration therefor, namely, the monthly rent for which the said .....

Habib and ors. Vs. Daulatram and anr.

Court : Rajasthan

Reported in : AIR1956Raj121

..... lease and sold a two annas share of the mortgaged property and purchased it themselves, and eventually filed a suit for possession of the property as auction-purchasers.it was contended on behalf of the defendants, among other things, that as the mortgage in question was a purely usufructuary mortgage, the mortgagees had no right to sell under section 67 of the transfer of property act, and, therefore, it was unreasonable to apply the provisions of section ..... to interpret it in such a manner that undue emphasis is given to one part thereof at the cost of any other.it seems clear to us that whatever was the true meaning of section 99 of the transfer of property act in its own context and wording, we must take into consideration the alteration in the wording of that provision subsequently effected by the legislature, and bearing that in mind, the first thing ..... were mortgaged with possession and six months thereafter a subsequent agreement was entered into between the parties according to which the mortgagor agreed to make an annual payment of a certain sum of money in lieu of the offerings and in case of default to pay interest thereon.the mortgagor failed to make the payment whereupon the mortgagee sued on this ..... raised on behalf of the mortgagor on the ground that the claim under the subsequent agreement was one which arose under the original contract of mortgage within the meaning of order 34, rule 14, and this objection was allowed.the main question which was considered in arriving .....

Lachhmi NaraIn and anr. Vs. Kalyan and anr.

Court : Rajasthan

Reported in : AIR1960Raj1

..... provided that an unregistered document affecting immoveable property and required by this act or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, or as evidence of part performance of a contract for the purposes of section 53a of the transfer of property act, 1882, or as evidence of any collateral transaction not required ..... (air 1951 sc 469), the facts were as follows : in 1865, the government of bombay called upon the municipality which was the predecessor in title of the corporation of bombay to remove some markets from a certain site and vacate it, and on the application of the then municipal commissioner the government passed a resolution approving and authorising the grant of another site to the municipality. ..... rule of construction embodied in this applies not only to express leases of uncertain duration but also to leases implied by law which may be inferred from possession and acceptance ..... in this connection, their lordships referred to section 106 of the transfer of property act and observed as follows : 'the section lays down a rule of construction which is to be applied when there is no ..... it is one thing to bay that in the absence of a valid agreement, the rights of the parties would be regulated by law in the same manner as if no agreement existed at all;it is quite another thing to substitute a new agreement for the parties which is palpably .....

Shobhrajmal and ors. Vs. Smt. Kamla Devi

Court : Rajasthan

Reported in : AIR1977Raj194; 1977()WLN156

..... is further clear from clause (d) of section 111 of the transfer of property act that the lease of immovable property stands determined as soon as the interests of the lessor and the lessee in whole of the property be-come vested in the same person ..... section 111 of the transfer of property act ..... accrual of the pre-emption right, the vendee appellants possessed no tenancy rights on account of extinction of their tenancy rights by merger under clause (d) of the transfer of property act, the subsequent substitution of the name of the pre-emptor in the sale deed, cannot revive the extinguished tenancy rights of the appellants. ..... circumstances contends that there is no reason why the appellants merely by reason of their purchase of the demised property lose their tenancy rights if the purchase does not survive on account of a pre-emption decree passed against ..... the important question that arises for consideration in this appeal is that if a tenant in possession of the property, purchases that property and a successful pre-emptor obtains a pre-emption decree in regard to that purchase, can the pre-emptor decree-holder evict the vendee tenant in execution ..... the present case the pre-emptor had purchased the property from the landlords under a private contract the appellants who were in possession as tenants of the property could not have been evicted by the pre-emptor. ..... 1, jaipur city dated 10-9-1976 dismissing certain objections raised by the judgment-debtor appellants ..... payment of certain amount to .....

L.Rs. of Magna Vs. Amar Chand and ors.

Court : Rajasthan

Reported in : RLW2007(3)Raj2200

..... the proviso to section 49 provides that an unregistered document affecting immovable property which is required to be registered by the registration act or by the transfer of property act, such document shall be admissible in evidence in a suit for specific performance of the contract under chapter ii of the specific relief act, 1877 and also as evidence of part performance of a contract for the purpose of section 53a of the transfer of property act, 1882. ..... the subsequent plea sought to be put on record with respect to execution of the document by the defendant in favour of the plaintiffs, is an admitted fact by the defendant, therefore, the plaintiffs can certainly rely upon this admission of the defendant even when initially the defendant denied the execution of the deed. ..... the document dated 20.10.1968 written as sale-deed with intention to affect the immovable property and for the purpose of conveying the title to the plaintiffs, since has not in fact affected the property involved as it is prohibited by sub-clause (a) of section 49 of the registration act, therefore, this document can be treated to be a document, the contract for sale of the property between the contracting parties and for the collateral purpose, it has been made admissible in evidence under proviso to section 49. ..... the defendant tried to improve his case by moving an application for amendment of the written statement before the first appellate court after dismissal of his suit in the year 1976. .....

Ramdayal and ors. Vs. Bhanwarlal and ors.

Court : Rajasthan

Reported in : AIR1973Raj173; 1972()WLN476

..... he relied upon section 98 of the transfer of property act which provided that 'in case of an anomalous mortgage the rights and liabilities of the parties shall he determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage,' the learned counsel also cited kashiram v. ..... the patna high court in air 1968 pat 222, considered this question at length and reached a conclusion that an anomalous mortgage cannot be debarred from availing the right of sale under section 67, in the absence of a specific contract to the contrary in the mortgage deed, and we are in complete agreement with the view taken in this case and the reasoning advanced in support of the conclusion and we respectfully differ from the view taken by the ..... 8 (a), the trial court held that the mortgagors having failed to deliver the possession of the mortgaged property back to the plaintiffs-mortgagees on the expiry of the lease period, the mortgagees were competent to sue for the mortgage money under section 68(1)(c), (d) of the transfer of property act.18. ..... from this circumstance, the learned trial judge inferred that the 'recital' (about his having signed in his individual capacity and as manager) could not have been written in the receipt, exhibit 3 on the date the mortgage deed was registered. ..... 14,037 was paid in cash because the defendants had received certain invoices of tel, mirach and methi. .....

Nand Kishore and anr. Vs. Prabhu NaraIn and ors.

Court : Rajasthan

Reported in : AIR1976Raj20; 1975()WLN814

..... section 51 of the transfer of property act reads as follows:--'section 51 when the transferee of immoveable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted there from by any person having a better title, the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured to the transferee, or to sell his interest in the property to the transferee at the then market ..... not entitled to any value of the improvements either under section 51 of the transfer of property act and on principle of justice, equity and good conscience. ..... in the alternative it was argued that if the provisions of section 51 of transfer of property act are not applicable, he was entitled to the value of the improvements on the principle of justice, equity and ..... urged that the plaintiff under-valued the suit and an objection to that effect was raised at the earliest possible opportunity in the written statement and as such the civil judge was not competent to hear and try the suit. ..... he also submitted that the value of the property if appreciated, whether on account of general rise in the value of the property or by making certain improvements cannot be taken notice of and would not affect the jurisdiction of ..... were dealing with the construction of section 13 of the civil procedure code, 1882, which corresponds to section 11 of the present code. .....

Dr. Harumal and ors. Vs. Smt. Sahjadi Bibi

Court : Rajasthan

Reported in : 1969()WLN429

..... ' thus this casa clearly supports the contention of the counsel for the appellants.in this connection i may also refer to section 109 of the transfer of property act, which clearly lays down that if the lessor transfers the property leased, or any part of interest therein, the transferee, in the absence of contract to the contrary, shall possess all the rights, and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred. ..... the notice given by the respondent to the appellants thus did not expire with the end of the month of tenancy as required under section 106 of the transfer of property act and consequently if section 106 of the transfer of property act applies to the present case, there is no escape from the conclusion that the notice given by the plaintiff-respondent for terminating the tenancy was bad and the suits for ejectment must fail on that ..... from the aforesaid provisions of the act as well as the rules made thereunder, it would be amply clear that certain statutory powers have been conferred upon the custodian of evacuee property for management of the property, which also include power of terminating, cancelling or otherwise amending the terms of the tenancy. .....