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Judgment Search Results Home > Cases Phrase: creation of lease transfer of property Page 1 of about 57,948 results (0.191 seconds)

Jun 29 2012 (HC)

Vasudeva Menon and Others Vs. M/S. K.J. Plantation

Court : Kerala

..... their rights, if any, is to get symbolic delivery. there is absolutely no pleading about any payment of rent within the meaning of section 116 of the transfer of property act or about the creation of lease by holding over by assent otherwise. we may refer to paragraph (2) of ea.no.41/09 which reads as follows: "2. in o.s.1/64 ..... time is now ripe for us to delve into the concepts of lease under the transfer of property act. a lease under section 105 of the transfer of property act is a transfer of right to enjoy immovable property. it is a transfer of interest in immovable property. unlike a licence the lessee has an interest in immovable property. subject to a contract to the contrary the rights and liabilities of ..... proceedings have to be launched against them and this is what the lower court has ordered. 21. "lease" is defined in sec.105 of the transfer of property act. sec.105 reads as follows: "105.lease defined.- a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price ..... of equity, justice and good conscience and in the absence of anything to the contrary the provisions are applicable to cases not governed by the transfer of property act. the principles of section 116 are applicable to leases of agriculture lands. similarly in alphanso pinto v. thukru hengsu, air 1955 mad 206 it was held if there is no agreement fixing the terms .....

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May 18 2006 (HC)

The State of Jharkhand and ors. Vs. Bharat Petroleum Corporation Ltd. ...

Court : Jharkhand

Reported in : AIR2007Jhar20; [2007(1)JCR345(Jhr)]

..... , in view of the provisions of section 107 of the transfer of property act, there is no necessity of a formal instrument for creation of sub-lease or lease. section 107 of transfer of property act, prescribes the mode of creation of lease and reads as under:107. leases how made. - a lease of immovable property from year to year, or for any term exceeding one year, or reserving ..... of immovable property may be made ..... a yearly rent, can be made only by a registered instrument.all other leases ..... 2005 (annexure- a 7 at page 45), whereby the possession of demised property was handed over to the respondent no. 1 by respondent no. 2. since, oral lease with handing over of the possession is permissible under law, non-execution of a formal instrument for creation of sub-lease will have no impact on the right of the respondent no. 1 to .....

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Oct 12 1968 (HC)

Sukanraj Vs. Nekarchand

Court : Rajasthan

Reported in : AIR1970Raj17

..... of immoveable properties and provides as follows : '107. a lease of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a ..... a yearly rent. it could therefore be made only by a registered instrument. this has been done, but the third paragraph of section 107 of the transfer or property act requires that where a lease of immovable property is made by a registered instrument such instrument or,where there are more instruments than one, each such instrument shall be executed by both the lessor ..... 240), in which the question of such separation of the valid clauses was taken into consideration in respect of a 'kabuliyat' which was not admissible as a lease under section 107 of the transfer of property act. in that case, their lordships took the view that there could be no difficulty in separating those portions of the instrument which were not of the ..... property act. as such a notice was not given, the learned judge allowed the appeal and set aside that part of the decree of the trial court which related to the defendant's eviction. it is in these circumstances that the present second appeals have been filed by the parties. 6. section 107 of the transfer of property act deals with the creation of leases .....

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Oct 12 1968 (HC)

Sukanraj Vs. Nokarchand

Court : Rajasthan

Reported in : 1968WLN212

..... of immoveable properties and provides as follows-107. a lease of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a ..... a yearly rent. it could therefore be made only by a registered instrument. this has been done, but the third paragraph of section 107 of the transfer of property act requires that where a lease of immoveable property is made by a registered instrument such instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor ..... case in which the question of such separation of the valid clauses was taken into consideration in respect of a 'kabuliyat' which was not admissible as a lease under section 107 of the transfer of property act. in that case, their lordships took the view that there could be no difficulty in separating those portions of the instrument which were not of the ..... property act. as such a notice was not given, the learned judge allowed the appeal and set aside that part of the decree of the trial court which related to the defendant's eviction. it is in these circumstances that the present second appeals have been filed by the parties.6. section 107 of the transfer of property act deals with the creation of leases .....

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Oct 05 1951 (SC)

Collector of Bombay Vs. Municipal Corporation of the City of Bombay an ...

Court : Supreme Court of India

Reported in : AIR1951SC469; (1952)54BOMLR122; [1952]1SCR43

..... . 91, as based on the equitable doctrine of part performance which, their lordships held, could not be applied so as to nullify the express provisions of the transfer of property act relating to the creation of leases. they observed :- 'whether an english equitable doctrine should, in any case, be applied so as to modify the effect of an indian statute may well be doubted ..... the requirement of formalities laid down in the victorian statute refereed to above any more than the equity in maddison v. alderson (supra) can do against the requirements of the transfer of property act and whether the decision in the municipal corporation of the city of bombay v. the secretary of state (1905) i.l.r. 29 bom. 580, requires reconsideration in ..... of property ..... ; but that an english equitable doctrine, affecting the provisions of an english statute relating to the right to sue upon a contact, should be applied, by analogy, to such statute as the transfer .....

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Dec 20 1967 (HC)

Lilly Stella Rodrigues Vs. Girija Bai and ors.

Court : Karnataka

Reported in : AIR1969Kant100; AIR1969Mys100; (1968)1MysLJ216

..... in the absence of an express provision in the madras act, prohibiting the creation of a sub-lease, the lessee has the power to make a sub-lease under section 108(j) of the transfer of property act, although the creation of that sub-lease, when exception is taken to it by the landlord, exposes the lessee ..... in which it was made and when so understood, that observation only means that the right of the tenant created by the provisions of the transfer of property act must yield to the right of the landlord created by the madras act.23. i dismiss this revision petition; but in the circumstances ..... the right to make a sub-lease, unless there was a contract to the contrary and that since the madras act does not prohibit any such sub ..... to the risk of eviction under the provisions of the madras act. but if the landlord abstains from exercising his right to seek an order for eviction in that way, it cannot be contended that the sub-lease ..... under the terms of the lease,--and there was none in the present case--the sub-lease in favour of respondents 1 to 4 was contrary to the provisions of that act.12. mr. ganapathy bhat maintained that under the provisions of section 108(j) of the transfer of property act, the lessee had .....

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Dec 16 1969 (HC)

The Commissioner of Gift Tax, Madras Vs. P. Rangasami Naidu

Court : Chennai

Reported in : AIR1970Mad441; [1970]76ITR315(Mad)

..... 'gift' is achieved by defining 'transfer of property' to include also what ordinarily may not, be considered transfers of property. section 2(xxiv) defines 'transfer of property' thus:--" 'transfer of property' means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the' foregoing, includes--(a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easements, licence ..... , power, partnership or interest in property; (c) the exercise of a ..... under section 2(xxiv)(b) which takes in as transfer of property the grant or creation of any lease, mortgage, charge, easement, licence, power, partner ship or interest in property. manifestly the rights contemplated in this clause are grant or creation of right in the property of the owner limiting the owner's general rights over the property, creation of rights in the nature of jure in re aliena .....

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Sep 23 1992 (HC)

B.H. Rangaswamy and B.H. Jalajakshi Vs. Mysore Arts and Wood Works

Court : Karnataka

Reported in : ILR1992KAR3632; 1992(4)KarLJ521

..... made by the lessee. in the absence of an express provision in the madras act prohibiting the creation of a sub-lease, the lessee has the power to make a sub-lease under section 108(j) of the transfer of property act, although the creation of that sub-lease, when exception is taken to it by the landlord, exposes the lessee to the risk of eviction under ..... the tenant has in the absence of a contract with the landlord to the contrary after commencement of the said act without the written consent of the landlord transferred his right under a lease or sub-let the entire premises or any portion thereafter, an order of eviction shall be made. according to mr.ranga rao this provision makes it mandatory to ..... the provisions of the madras act. but if the landlord abstains from exercising his right to seek an order for eviction in that way, it cannot be contended that the sub-lease is either ..... of the provisions of the karnataka rent control act?issues framed in o.s.no. 850/801.1 whether the suit property originally belonged to m.subbaiah?2. whether m.subbaiah had leased the suit property to hassan ismail bhai lalljee under registered lease deed dated 26.10.1922?3. whether plaintiffs prove that they have become the successors in-interest of m.subbaiah .....

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Apr 02 1912 (PC)

Raimoni Dassi Vs. Mathura Mohan Dey

Court : Kolkata

Reported in : (1912)ILR39Cal1016

..... pottah. the kabuliyat in that case was executed before the transfer of property act, but the learned judges with reference to the case of nilmamud v. boul das (1909 ..... of the landlords at any rate did not accept the lease.17. in a later case, akram ali v. durga prasanna roy chowdhury (1910) 14 c.l.j. 614 mookerjee and coxe jj., held, that it was impossible to maintain the view that, for the creation of a permanent lease before the transfer of property act, it was necessary that the landlords should grant a ..... a kabuliyat. so that before the passing of the transfer of property act in cases where a registered instrument was necessary under the registration act, a kabuliyat executed by the lessee if registered was legally sufficient to constitute a lease. it was not necessary for the creation of a lease that the landlord should grant a pottah. it was sufficient if the tenant executed a ..... kabuliyat which was accepted by the landlord: see akram ali v. durga prasanna roy chowdhuri (1910) 14 c.l.j. 614. section 105 of the transfer of property act does not introduce any .....

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Apr 02 1912 (PC)

Rai Moni Dasi and ors. Vs. Mathura Mohan Roy

Court : Kolkata

Reported in : 14Ind.Cas.540

..... . 489, mookerjee and coxe, jj., held that it was impossible to maintain the view that for the creation of a permanent lease before the transfer of property act it was necessary that the landlord should grant a pattah. the kabuliat that case was executed before the transfer of property act but the learned judges, with reference to the case of nil mamud v. bowl das 14 ..... a kahuliat; so that before the passing of the transfer of property act in cases where a registered instrument was necessary under the registration act, a kahuliat executed by the lessee, if registered, was legally sufficient to constitute a lease. it was not necessary for the creation of a lease that the landlord should grant a pattah. it was sufficient if the tenant executed a ..... kahuliat which was accepted by the landlord. see akram ali v. burga prosonna roy chowdhry 14 c.l.j. 614 : 10 ind. cas. 489. section 105 of the transfer of property act does not introduce ..... any change in the legal conception of a lease which .....

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