...Section 106 of Transfer of Property Act (hereinafter referred to as TP Act) and the defendant was called upon to hand over...terminated under section 106 of tp act and the defendant was asked to had over the possession by May, 1997. Since the defendant failed to hand over the possession, relief has been sought through...of section 106 of the tp act because negotiations between the parties to extend the tenancy did not fruitify and the defendant failed to hand over the possession.4. Learned counsel for...

...the suit was bad for non-compliance with the legal notice as required under section 106 of the tp act. Having held so the lower appellate Court upheld the judgment and decree passed by the learned...record to take a different view in the findings of the Court below.10. It is seen, the first appellate Court dismissed the appeal only on the non issuance of notice under section 106 of tp act.11.... The requirement of issuance of notice section 106 of the tp act was already been decided by the Apex Court in its landmark decisions as decided in the case of...

...- 7. Learned counsel for the appellant/defendant submitted that the notice sent by the respondent/plaintiff is not proper as it is not in compliance of Section 106 of Transfer of Property Act, 1882 (hereinafter referred to as 'TP Act...defendant. Further submitted that the notice issued by the plaintiff is fully in compliance with Section 106(3) of TP Act and the trial Court is justified in passing the decree. Hence, prays to dismiss the.... 11. Further the plaintiff has issued a legal notice to the defendant as per Section 106 of TP Act on 22.07.2021 calling upon the defendant to handover possession of the...

...defendant No.1 had breached lease conditions of lease agreement, therefore, by issuing notice as required under Section 106 of the Transfer of Property Act (hereinafter referred to as "TP Act"), the...sister as it is adjacent to the property of the plaintiff. Thus, there is violation of terms and conditions of lease deed by the defendant entitling the plaintiff to issue quit notice as per Section 106 of the TP Act and...that Ex.P.1-lease deed is unregistered document. Therefore, as per Section 107 of TP Act, the period of lease is to be construed as month to month and therefore, there is valid termination as per Section 106 of...

...contrary to Section 106 of TP Act as duration of lease was specifically agreed to be for less than for one year and therefore registration was not mandatory. Learned counsel...stated by trial Court for answering points no.1 to 5 in negative was that as per Section 106 of Transfer of Property Act, duration of lease of immovable property for manufacturing purposes was deemed to be from year to year and terminable by six months notice. - 7 - 15. But, Section 106 of TP Act.... 7. It was submitted that only reason stated by trial Court while answering points no.1, 2 and 3 in negative was that, as per Section 106 of Transfer of Property Act (hereinafter referred to as...

...deceased tenant succeeds to the tenancy right as tenants in common and not as joint tenant?4. Whether the notice under Section 106 of TP Act addressed and served upon one of the heirs of the...deceased tenant is valid in law in so far as other heirs of the deceased tenant?5. Whether the lease of immovable property be determined in the absence of notice under Section 106 of TP Act particularly...not in conformity with the provisions of Section 111(h) of TP Act?6. Whether the Court below has erred in law in granting the relief of recovery of possession without any amendment of...

...respondent. 3. This second appeal is filed rising the following substantial questions of law. 1) Whether as per Section 106 of TP Act, is it essential to make out.... 10. In view of the above, when both Courts have decided on the question of facts, this Court being the Court of second appeal exercising power under Section 100 of CPC, does not...PASSED IN RA NO.21/2010 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HUBLI, DISMISSING THE APPEAL FILED AGAINST THE JUDGMEENT DATED 21.12.2009...

...be maintained in a Civil Court. He has negatived the other contention of the defendants that the notice under Section 106 of TP Act is not proper and ordered eviction of defendants within 3 months and...the learned counsel for the appellant that the suit is not maintainable in the Civil Court. Another contention that is taken is that the notice under section 106 of TP Act is not proper. As pointed out...the date of the receipt of the notice on the expiration of the tenancy on 31-2-1976, the notice issued under section 106 TP Act is valid.15. The plaintiff has filed cross objections regarding a portion of the...

...appreciating the legality of the issuance of notice under Section 106 of Transfer of Property Act, 1882 (for short, "TP Act") upon the defendant/respondent for the purpose of his eviction from the suit...land. Learned first appellate court further held that notice under Section 106 of the TP Act is mandatory in nature to institute a suit for eviction of a tenant who holds over the suit land under the...notice under Section 106 of the TP Act had properly been served upon the defendant/respondent. Secondly, to decide the above substantial question of law, this Court...

...enhancement of the rent, the tenant has not furnished his rent to the landlord. The plaint further alleges that a registered notice dated 4.12.2018 has been sent to the tenant under section 106 of Transfer of Property Act (in brevity, TP Act...notice under section 106 of the TP Act, as decided in issue No. 5, is perverse. The learned trial court has returned a definite finding that notice under section 106 of TP Act was duly sent to the tenant...pointed out in receipt of notice under section 106 of TP Act. 8. In this conspectus as above, I did not find any illegality, perversity or ambiguity in the impugned...

...injunction O.S.No.127 of 2015 and, in fact, have been depositing rents in that suit. He also would contend that the notice issued under Section 106 of the Transfer of Property Act, 1882 (for short "TP Act...) Whether the notice issued under Section 106 of TP Act is valid? 13. Undisputed facts, as per the pleadings and evidence, are that appellant took shop on...injunction and filed I.A.No.210 of 2015. Appellant also deposited rents in I.A.No.210 of 2015. Landlord issued notice Ex.A-2 dated 02.10.2015 under Section 106 of TP Act and terminated the lease with effect...

....129 of 2015 and, in fact, have been depositing rents in that suit. He also would contend that the notice issued under Section 106 of the Transfer of Property Act, 1882 (for short "TP Act") is...the notice issued under Section 106 of TP Act is valid? 13. Undisputed facts, as per the pleadings and evidence, are that appellant took shop on lease from...filed I.A.No.212 of 2015. Appellant also deposited rents in I.A.No.212 of 2015. Landlord issued notice Ex.A-2 dated 02.10.2015 under Section 106 of TP Act and terminated the lease with effect from...

.... "4. Dr. R.G. Padia argued that service of a valid notice under Section 106 of the Transfer of Property Act (to be referred to as the 'TP. Act...to pay the arrears of rent and further that the tenancy was duly determined by a valid notice under section 106 of tp. act. It is noteworthy that in that case the defence of the defendants had been...section 106 of tp. act and the other demanding arrears of rent under section 20(2)(a) can be combined, the require­ment of each must be separately and dis­tinctly fulfilled. They cannot be mixed up...

...to make out a case either under Section 12 or 20 of M.P. Accommodation Control Act and the appellant was entitled to terminate the tenancy of the respondent under section 106 of tp. act. In...circumstances of the case, the Court below has committed an error in not applying Section 20 of the M.P. Accommodation Control Act to the present Case ?" (3...powers conferred by Section 3(2) of M. P. Accommodation Control Act State Government issued notification dated 07/09/89 whereby accommodations owned by public trust registered...

...section 106 of tp act was bad. The suit property let out for industrial purpose hence six months notice was required to be given.In order to answer the challenge raised by the appellant...Section 106 of Transfer of Property Act (in short TP Act) was issued thereby terminating the tenancy of the appellant effective from...provisions of Delhi Rent Control Act.We also find no force in the submission of Mr. S.K Puri that the notice under section 106 of tp act was...

...between 2013 to 15, and thus by issuing the 6 months prior notice under Section 106 of TP Act, has terminated the tenancy of the defendant, as the suit schedule property has been let out to the Industrial...manufacturing unit, 6 months prior notice is mandated under Section 106 of TP Act and directed the defendant to quit and deliver the vacant possession of the suit schedule property on or before...premises was let out to the manufacturing industry, the Section 106 of TP Act mandates landlord to issue 6 months prior notice before termination, as the plaintiff complied the same, the plaintiff has...

.... 5.Whether the counter claim is barred on the statutory notice under Section 106 of TP Act. 2/6...counter claim is barred u/S/34 of Specific Relief Act as the counter claimant did not pray for declaration with regard to title. 8.Whether the second defendant/counter... IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.08.2022 CORAM: THE...

...were decided to be borne by all the parties in equal sharing ratio. Despite signing MOM dated 9.8.2021 , no payment was made and a notice of termination and handing over possession under Section 106 of TP Act was.... The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes between the parties...ARB.P. 51/2022 Page 3 of 5 agreeing to pay rentals immediately, respondent Nos.1 to 4 agreed to refer disputes before an Arbitrator in terms of the Arbitration and Conciliation Act, 1996 and it was...

...learned counsel also stated that notice cannot be issued under Section 106 of the TP Act. Therefore, the learned counsel also referred Section 6 (18) of the HR&CE Act. Therefore...applicable for the present case.21. The plaintiff issued the notice under Section 106 of the TP Act for the purpose of eviction and for damages. Since the property is a temple property and suit...present case, the plaintiff issued notice duly under Section 106 of TP Act. The relevant provisions under Section 106 of T.P. Act is extracted as follows:—“106...

...though the defendants came forward to pay a sum of Rs.7,000/- as damages along with all arrears as on today. The learned counsel also stated that notice cannot be issued under Section 106 of the TP Act. Therefore...the notice under Section 106 of the TP Act for the purpose of eviction and for damages. Since the property is a temple property and suit property of the plaintiff, the question of application of both...Rent Control Proceedings and the application of the City Tenants’ Protection Act does not arise. In the present case, the plaintiff issued notice duly under Section 106 of TP Act. The relevant...