Court : Delhi
..... at sufferance- is one who wrongfully continues in possession after expiry of term of lease-tenancy at sufferance does not create relationship of landlord and tenant. (f) transfer of property act, 1882-section 108 (g), 111 (a)- termination of lease-mere acceptance of rent by landlord from tenant in possession after determination of lease either by efflux of time or by notice ..... would not be dismissed on ground of invalidity of notice terminating tenancy. (c) transfer of property act, 1882-section 106- notice-suit for possession cannot be dismissed on ground of invalidity of notice- tenant is only entitled to reasonable time to vacate premises. (d) transfer of property act, 1882-section 106- notice-termination of tenancy-after service of notice, tenant can only be permitted to ..... appeal, appellant has misused processes of law by raising false defence-appeal dismissed with costs of rs. 2,00,000/- (b) transfer of property act, 1882-section 106 (3)-notice terminating tenancy -by amendment of 2002, by sub-section (3), raising of technical defences as to validity of 15 days notice to terminate monthly tenancy have been done away-suit for possession ..... as to confer on erstwhile tenant status of tenant. further, in para no. 16 it has been held summons of the suit can be treated as notice under section 106 of transfer of property act, 1882 which reliving the judgment nopany investments (p) ltd. vs. santokh singh (huf), 2008 (2) scc 728, the hon'ble supreme court held that filing of .....Tag this Judgment!
Court : Delhi
Reported in : AIR2004Delhi208; 109(2004)DLT442; 2004(72)DRJ601
..... and liabilities of the lease. the said section is as under :- '' 108. rights and liabilities of lesser and lessee.- in the absence of a contract or ..... imply that someone else can use the property. in the alternative, the plea was raised that this aspect can be rectified and is remediable on payment of charges. 11. learned counsel for the petitioners referred to the provisions of section 108 of the transfer of property act, 1882 ( hereinafter to be referred to as, `the t.p. act' ) and more specifically sub-section (b)(j) dealing with the rights ..... local usage to the contrary, the lesser and the lessee of immoveable property, as against one .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1997KAR210; 1996(3)KarLJ338
..... a suit under the provisions of the transfer of property act, under section 108 of the transfer of property act, 1882 under clause (q), on the determination of the lease the lessee is bound to put the lessor into possession of the property. section 111 transfer of property act which deals with determination of lease states that lease of immovable property determines on the expiration of a notice ..... to determine the lease, or to quit, or of intention to quit the property ..... the suit instituted by the appellant in the court munsiff, hangal was under the provisions of the transfer of property act, 1882. the property in dispute is situated in akki-alur village to which admittedly the provisions of the karnataka rent control act, 1961 do not apply. therefore the question of bonafide requirement of the premises for appellant's ..... during the pendency of the proceedings and his legal representatives are brought on record and they are the respondents. the appellant issued quit notice under section 111 transfer of property act and ultimately terminated the lease and suit for ejectment of the tenant therein was filed in o.s. no. 34 of 1970 on the file .....Tag this Judgment!
Court : Mumbai
Reported in : 2004(2)ALLMR91; 2004(2)BomCR612
..... senior division at solapur on 30th april 1997 under section 13(1)(a) of the bombay rents, hotel and lodging house rates control act, 1947. the ground for eviction was that the tenant had committed an act contrary to the provisions of section 108(o) of the transfer of property act, 1882, by not utilising the premises for the purpose ..... of the landlord's premises taken by the tenant under lease. the restriction, noted the supreme court, was akin to the provisions of section 108(o) of the transfer of property act. consequently, it was held that 'a house let for residential purpose would not be available for being used as a shop even without ..... in the present case had been let out for residential purpose and the use thereof for running a school would establish a ground for eviction under section 13(1)(a) since there was a change of user.6. counsel appearing on behalf of the petitioner urges that this is a fit ..... being used as residence, the incidental use of a small part of the premises otherwise than for residence may not implicate a ground for eviction under section 13(1)(a). in prem chand v. the district judge dehradun, : 2scr170 , a case which arose under the u.p. urban buildings ..... a period of seven months had together with the said business also sold televisions in the premises. the case arose under east punjab urban rent restriction act, 1949. the supreme court set aside the decree for eviction which had been passed by the high court confirming the order of the controller. the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1977Bom7; (1976)78BOMLR192; 1976MhLJ625
..... , discussed the effect of section 13(1)(a) of the bombay rent act read with section 108(o) of the transfer of property act as under :--'section 13(1)(a) provides that if the tenant has committed any act contrary to the provisions of clause (o) of section 108 of the transfer property act, 1882, the landlord would be entitled to a decree in eviction. clause (o) of section 108 of the transfer of property act, so far as is ..... material for our purpose, prohibits the tenant to use or permit another to use the property ..... the tenant. by no stretch of words, can it be said that removing such a old and hazardous beam and putting a new beam is an act contrary to provisions of clause (o) of section 108 of the transfer of property act, 1882.5. further it is well settled that a test that has to be applied for deciding whether there is a contravention of provisions of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(1)AWC948(SC); (SCSuppl)2008(2)CHN57; 2007(14)SCALE618; 2007(8)Supreme718; 2008AIRSCW271; 2008(1)LH(SC)427; 2008(1)ICC678; AIR2008SC2715; JT2008(4)SC351; 2008(4)KCCRSN316; (2007)14SCC81
..... be filed by the landlord unless he has given to the tenant one month's notice expiring with a month of the tenancy.sub-sections (m) (o) and (p) of section 108 of the transfer of property act, 1882 reads thus:108. rights and liabilities of lessor and lessee.- in the absence of a contract or local usage to the contrary, the lessor and the lessee of immovable ..... to the suit premises. based on the said finding it arrived at a conclusion that the defendant did not violate the provisions of sub-section (m), (o) and (p) of section 108 of the transfer of property act, 1882 (in short 't.p act'). in the last issue the trial court came to the conclusion that the plaintiff has failed to prove that the defendant is guilty of ..... :(a) xxx xxx (b) where the tenant or any person residing in the premises let to the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause (p) of section 108 of the transfer of property act, 1882 (iv of 1882);(c) xxx xxx xxx xxx xxx xxx(2) xxx xxx xxx(3) xxx xxx xxx (4) xxx xxx xxx(5) xxx ..... for consideration in this appeal:1) whether notice to quit was legal, valid and sufficient; 2) whether the tenant did any act which violated clauses (m), (o) and (p) of section 108 of the transfer of property act, 1882;3) is the tenant guilty of causing act of nuisance and annoyance? 5. let us consider the first issue which relates to notice. it is not in dispute that .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1980Cal70
..... for the appellant has relied only on section 108(p) of the transfer of property act. let us, therefore, at the outset set out the provisions of the transfer of property act and those of the west bengal premises tenancy act, 1956, with which we are directly concerned in this reference. we will first take the transfer of property act, 1882. section 108 of the transfer of property act runs thus: '108. in the absence of a contract or ..... local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following, or ..... such of them as are applicable to the property leased:-- (a) rights and liabilities of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1987SC1939; (1987)89BOMLR386; JT1987(3)SC139; 1987(2)SCALE115; (1987)3SCC558; 3SCR593; 1987(2)LC725(SC)
..... up and mutilated the floors of the premises let out to the tenant and had constructed contrary to the provisions of section 108(o) of the transfer of property act, 1882. the tenant was called upon to remove the said unauthorised structures and restore the property, and it was further notified that failing which the landlord would be compelled to take proceedings.5. a reply to ..... may be made to a decision of the special bench of the calcutta high court in the case of surya properties private ltd. and ors. v. bimalendu nath sarkar and ors. : air1964cal1 which dealt with clause (p) of section 108 of the transfer of property act, 1882 and held that this question was dependent on the facts of each case and no hard and fast rule ..... appellant no. 2 that such erection was against the provisions of section 13(1)(b) of the bombay rents, hotel and lodging house rates control act, 1974 (hereinafter called the 'rent act').13. under clause (p) of section 108 of the transfer of property act, 1882, a lessee may not without the lessor's consent erect on the property and permanent structure except for agricultural purposes. if he does, ..... . v. bimalendu nath sarkar. : air1965cal408 , chatterjee, j., one of the judges of the division bench observed that the phrase 'permanent structure' for purposes of clause (p) of section 108 of the transfer of property act meant a structure which was capable of lasting till the term of the lease and which was constructed in the view of being built up as was a building .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1981Bom388; 1981MhLJ290
..... liabilities of the lessor and lessee and section 108(o) provides:'that ..... has committed an act contrary to the provisions of clause (o) of section 108 of the transfer of property act, 1882. section 13(1)(b) of the act provides that if the tenant commits an act contrary to the provisions of clause (o) of section 108 of the t. p. act. 1882, then the landlord shall be entitled to recover possession. section 108 of the t. p. act defines rights and ..... the lessee may use the property ..... premises could be described as voluntary. neither the fact of the damage nor the evidence that act of lessee has resulted into damage is sufficient to warrant a conclusion that section 108(o) of transfer of property act is breached, but the proof that the act which caused the damage was voluntary is necessary.12. applying the test to the facts .....Tag this Judgment!
Court : Chennai
Reported in : 1998(2)CTC641; (1998)IIIMLJ754
..... does not by itself determine the tenancy of the land on which it stands...'. 12. in india, it has to be decided in the light of sections 111 and 108(e) of the transfer of property act 1882. section 108(e) of transfer of property act reads as follows:- 'if by fire, tempest or flood, or violence of any army or of a mob, or other irresistible force, any material part ..... of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease shall, at the option of the ..... , and the second defendant in consequence abandoned the garden. if, as a matter of fact, the land only had been the subject of the demise it might be doubtful whether section 108, transfer of property act, applied. but that is not the case. as far as we can gather from karar b the lease was of the coffee plants only. we think, therefore, the subordinate ..... clearly of opinion that a lease of a coffee garden is not an agricultural lease, within the meaning of section 117 of the transfer of property act. it is argued that section 108 does not apply, because the money sought to be recovered is not rent and the property was not destroyed. looking at the plaint and the karar b, we think the relation of lessor and .....Tag this Judgment!