...under Section 106 of Transfer of Property Act is not a valid notice to quit. The trial Court rejected all the...Section 106 of Transfer of Property Act is valid or not? The plaintiff issued a telegraphic notice which is marked as Ex. A-4 dated 16-1-1978 to the defendant terminating...is a tenant holding over under Section 116 of Transfer of Property Act and he is entitled to a notice under Section 106 of...

...contemplated by section 106 of Transfer of Property Act. Accordingly the petitioners issued notice dated 12th August, 1986...and he further found that section 106 of Transfer of Property Act is not attracted. He further found that being trust...section 106 of Transfer of Property Act has no application and has further found that S.D.O has passed order after giving opportunity of hearing to the parties. Hence, M.R.T dismissed the...

...Section 106 of Transfer of Property Act as the tenancy was on yearly basis for manufacturing purpose. Trial court accepted this plea and dismissed the suit...Section 106 of Transfer of Property Act was proper. The Appellate Court held that there was default in payment of arrears of rent and ordered eviction. 4. Against the judgment...1. Leave granted. 2. This appeal is directed against the judgment in Second Appeal No. 260/2000 passed by the High Court of Bombay at Aurangabad. The respondent filed a...

...Section 106 of Transfer of Property Act as according to Section 3(v), definition of Premises...lease deed in favour of respondent no. 1 company and, therefore, plaintiff could proceed only under the provisions of Rent Control Act, 1950 and provisions of Section 106 of Transfer of Property Act would...not apply in the present case and notice under Section 106 of Transfer of Property Act having been properly served...

...Section 106 of Transfer of Property Act. Plaintiff was, therefore, not entitled to eviction. The suit filed by the plaintiff without...tenancy of the defendant under Section 106 of Transfer of Property Act, without there being any special pleading in...notice under Section 106 of the Transfer of Property Act by the respondent merely on the ground that the appellant had...

...learned single judge was whether a composite notice under Section 106 of Transfer of Property Act and Section 80 C.P.C could be validly issued for maintaining a civil suit. In...for ejectment can arise only when tenancy stands terminated by the combined notice under Section 106 of Transfer of Property Act and Section 20(2) of the U.P Urban Buildings...Section 106 of Transfer of Property Act was issued in the instant case, it could not be ascertained when it would be served, when the period...

...contention fails.4. The next contention of the appellant is that, the terminated does not satisfy the requirements under Section 106 of Transfer of Property Act since the section...under Section 106 of Transfer of Property Act, the notice having been issued on 23.9.2014 terminating the lease with effect from 31.10.2014. The notice issued is in compliance with the provision...Sathish Ninan, J.:— The appellant is the defendant in a suit for eviction on termination of lease and for recovery of arrears of rent. The suit was concurrently decreed by the courts...

...of lower Appellate Court. The only point raised on behalf of the appellant is that the notice under section 106 of Transfer of Property Act, which...section 106 of Transfer of Property Act, 1882 as amended by Act 2002. Prior to this Amendment, the section 106 read...deemed to be a lease from month to month, terminable, on fifteen days' notice.”4. Moreover, the Transfer of Property (Amendment) Act, 2002 has made it clear that the amended provisions shall apply to the notices already issued even prior to the amendment by enacting section 3, which reads as follows:—“3. Transitory provision. — The provisions of section 106 of...

...arrears of rent and ejectment by giving notice which is a composite notice under section 106 of Transfer of Property Act read with section 80 of Code of Civil Procedure. The...held that composite notice under section 106 of Transfer of Property Act and under section 80 of Code of Civil Procedure is a valid notice. The Revisional Court, therefore...respondent is landlord. It is also not disputed that provisions of U.P Act No. 13 of 1972 are not applicable to the premises in question. The landlord filed a suit for...

...was examined on his behalf as P.W-1, the quit notice issued under Section 106 of Transfer of Property Act, which is...Section 106 of Transfer of Property Act, require any other grounds to be stated and established, except termination of tenancy is in accordance with law?2. Whether a quit...Section 106 of Transfer of Property Act.13. The learned Counsel appearing for the plaintiff (the appellant) would submit...

...of the appellant from the plaint schedule property after giving notice to quit under Section 106 of Transfer of Property Act. Appellant...appellant. It is his contention that as per Section 106 of Transfer of Property Act notice to quit can be served on the...notice to quit to the door of the house of the appellant is not and cannot be a valid notice to quit under Section 106 of Transfer of Property Act. It...

...raised by the appellant before us, in this appeal by special leave, is that no notice under Section 106 of the Transfer of Property Act had been served upon the appellant according to the finding of...which was self-contained so that no recourse to the provisions of Section 106 of the Transfer of Property Act was necessary.5. We may also refer here to the...the whole procedure for obtaining the relief of ejectment, and, that being so, provisions of Section 106 of the Transfer of Property Act had no relevance.”No...

...Section 106 of Transfer of Property Act dated 31.12.1981 requiring the tenant to vacate the premises on expiry of statutory period and to hand...notice, the tenancy was terminated in prasenti and so he did not satisfy the requirement of Section 106 of Transfer of Property Act (Act...notice under Section 106 of Transfer of Property Act, the Courts are to put a rational constrution of the notice and...

...Section 106 of the Transfer of Property Act to terminate it.4. As many as seven issues were framed in the suit on 19.10.2000...Section 106 of Transfer of Property Act. It also held that provisions of section 478 of dmc act were not attracted to the case to warrant any prior notice...Sections 478 of DMC Act and 106 of Transfer of Property Act.7. Ld. counsel for Respondent justified the judgment claiming that the tenancy had admittedly expired on 30.3.1967 and since...

...Rent Control Act it is necessary to give a notice under Section 106 of the Transfer of Property Act. We proceed to do so in this judgment.2. The respondent.... Sukumaran Nair v. S. Neelakantan Nair (1976) 2 MLJ 84 held that notice to quit under Section 106 of the Transfer of Property Act was...whether the notice to quit given to the appellant was a valid notice in accordance with Section 106 of the Transfer of Property Act. The controversy before us centred round the question...

...the second appeal, this court framed the following substantial questions of law for consideration.1) Whether the notice issued by the landlord is a valid notice under section 106 of the Transfer of Property Act ?2...notice to quit under section 106 of Transfer of Property Act. Ex.A-2 notice did not terminate the relationship between...quit under section 106 of Transfer of Property Act and there is no cause of action to file the suit. The second ground...

...Section 106 of the Transfer of Property Act since 30 days time was not given in terminating the tenancy?2...Section 106 of the Transfer of Property Act is valid or not?”9. Heard the learned Counsel appearing for the Appellants and the 1st Respondent...to the 2nd Respondent and therefore, the Suit is not maintainable under Section 106 of Transfer of Property Act. The...

...section 106 of the Transfer of Property Act, and in absence of service of such a notice, the suit itself was not maintainable. Learned counsel for...provisions of section 106 of Transfer of Property Act and, therefore, same cannot be said to be a notice sent under...section 106 of the Transfer of Property Act. 5. Therefore, none of the notices is proved to be sent upon the tenant. The Court below, despite the said...

...Section 106 of Transfer of Property Act.5. Learned counsel has referred to the...month to month tenancy terminable by a notice under Section 106 of Transfer of Property Act.7. Learned...Section 106 of Transfer of Property Act.9. On the strength of the above authorities, it has been argued...