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Showing posts with label surrender of tenancy. Show all posts
Showing posts with label surrender of tenancy. Show all posts
Friday, 9 April 2021

Whether court can treat the tenanted property as joint family property if Karta is the tenant of said property?

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 A perusal of the facts on record would show that it was a contract  of tenancy entered upon by great grandfather of the plaintiff.  Even if...
Sunday, 5 July 2020

Whether surrender of tenancy by one co-lessee to the landlord will bind other co-lessee?

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1)  The appellant/plaintiff, on 6th June, 1984 instituted the suit from which this appeal arises, pleading (i) that the appellant/plaint...
Wednesday, 25 March 2020

Whether the tenant can claim adverse possession in the tenanted property without surrender of the tenancy?

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  The Respondent continued to be in possession of the land leased vide registered lease deed dated 22nd September, 1954. The Respondent ...
Friday, 20 December 2019

How to appreciate evidence if landlord takes plea that tenant has voluntarily surrendered tenanted premises?

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As against this, the testimony on behalf of the defendant was that of one Prabhudayal Radhakrishnan. Sole reliance placed on the evidence ...
Tuesday, 26 February 2019

Whether tenancy will extinguish if agreement of sale is executed between landlord and tenant?

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“19.  A surrender under clauses (e) and (f) of section 111 of the Transfer of Property Act, is an yielding up of the term of the lessee...
Sunday, 3 February 2019

Whether tenancy will come to end if agreement of sale is executed between landlord and tenant?

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 As observed supra, such is not the case here because we do not find any such clause or a clause akin thereto in the agreement dated 13.0...
Monday, 26 November 2018

When sub tenant has failed to prove that he has become direct tenant of original landlord?

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The very stand taken by the defendant in the written statement shows that he admits to have taken the suit premises on sublease from the p...
Friday, 23 November 2018

Whether there will be implied surrender of tenancy on execution of mortgage deed?

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 In the facts of the present case, admittedly, there is no mention of the alleged tenancy in the mortgage deed. Moreover, the mortgage dee...
Sunday, 7 October 2018

What is basic concept of implied surrender of tenancy?

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37.  The doctrine of implied surrender is a legal principle evolved for purpose of recognising a state of facts or a transaction re...

What are modes for extinguishment of tenancy rights?

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 It is an admitted position that the relationship between the Petitioner tenant and Respondent landlord was governed by the provisions of ...
Sunday, 30 September 2018

Whether lease can be surrendered unilaterally?

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A surrender under clauses (e) and (f) of  section 111  of the Transfer of Property Act, is an yielding up of the term of the lessee's i...
Sunday, 14 December 2014

Landmark judgment on law relating to landlord tenant dispute

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The rights and liabilities of the lessor and the lessee or the landlord and the tenant are governed by the general law of Indian Contract A...
Friday, 15 August 2014

When surrender of tenancy by tenant of agricultural land can be held as legal and valid?

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It will be seen from a combined reading of these provisions that a surrender of tenancy by a tenant in order to be valid and effective ...