...Insolvency Judge held that even assuming that the appellants were lessees prior to the date of sale, the lease stand terminated in accordance with provisions of Section 111(d) of Transfer of Property Act and.... Madon submitted that the finding that the lease stands terminated in view of Section 111(d) of Transfer of Property Act is not correct and even assuming that the lease...prior to December 28, 1983, as lessees and such basehold rights were protected by provisions of Rent Control Act. Section 111(d) of Transfer of Property Act inter alia...

...inferior right into superior right. That is right of one merges into another. It has been statutorily recognised by Section 111(d) of Transfer of Property Act. Similarly a tenant after expiry of period...Cinemas (Regulation) Act, 1955 which required a licensee either for grant or renewal of licence to file all necessary record or certified copies with the application, “relating to his lawful possession...grant lease as he had already withdrawn his authority to act on their behalf on March 22. Therefore the question arose about nature of appellants' possession. The High Court found that even though it...

...(2003) 5 SCC 150 where a contrary view was taken, the effect of Section 44 of the Transfer of Property Act had not been considered. Learned counsel for the respondents, on the other hand, submitted that the matter has been elaborately discussed in T. Lakshmipathi v. P. Nithyananda Reddy (2003) 5 SCC 150 and the view taken therein was consistent with Section 111(d) of...taken by them and on the basis of which they held the building. A lease in terms of Section 105 of the Transfer of Property Act gets determined on the happening of one of the events referred to in Section 111 of the Transfer of Property Act. The clause relevant for our purpose is admittedly clause (d). Insofar...merger of the rights of the tenant in his higher rights as owner and the tenancy would come to an end under Section 111(d) of the Transfer of Property Act”.6...

...interest had been purchased by the judgment-debtor there would be no merger of interest in terms of Section 111(d) of the Transfer of Property Act, 1882 and submitted that the concept of merger....6. We need not examine the scope of Section 111(d) of the Transfer of Property Act inasmuch as Respondent 2 is held to be a trespasser and not a lessee. We have to find out the effect of the...during the subsistence of tenancy or in the suit for recovery of possession of the property after termination of tenancy to set up title in himself or in any other person. The respondent had to...

...of section 111(d) of Transfer of Property Act. In the said case one of the two landlords had filed suit for eviction against the tenant without impleading the other co...section 21 of U.P Act No. 13 of 1972 against the petitioner-tenant, which was initially numbered as Case No. 126 of 1975. Later on it was re-numbered as Case No. 56 of 1979. The prescribed...allowed the release application of Ram Chandra Saxena under section 21 of the Act. The Revisional Court held that need of the landlord was bona fide as decided by the Prescribed Authority. The Appellate...

...-landlords/co-owners, other co-landlords and co-owners had no objection, then transfer of their share by them subsequently would not affect the suit. There cannot be any merger of interest of landlord and tenant in order to determine the tenancy under Section 111(d) of Transfer of Property Act unless...as complicated question of title was involved in terms of Section 23 Provincial Small Causes Court Act. Landlord has filed this writ petition against the said judgment and...exercise of revisional jurisdiction under Section 25, P.S.C.C. Act then revision must be dismissed. 13. As the suit was filed in the year 1986 hence...

...tenancy merged into his rights. Determination of lease by merger is provided under Section 111 (d) of Transfer of Property Act, which reads as under :—“111..., Section 53 A of Transfer of Property Act and section 35 read with article 23 a of indian stamp act. Learned counsel for the respondents states that this argument that the Agreement could...Section 53 A of Transfer of Property Act observing that the benefits of provisions of this section 53 A can be derived by the respondent in...

...Section 111(d) of the Transfer of Property Act, which have been quoted above. In the first place, it is common ground that the whole of the...property, an argument might be raised by the plaintiff that after the said purchase, his two rights had merged under Section 111(d) of the Transfer of Property Act. It was...merger of interest as envisaged in Section 111(d) of Transfer of Property Act is brought about when any estate or property becomes vested at the same time in the same...

...judgments, the Hon'ble Supreme Court and this Court, discussed the doctrine of merger i.e Section 111(d) of Transfer of Property Act. The Hon'ble Supreme Court in Parmod...interpretation of Section 111(d) of the Transfer of Property Act leaves no room for doubt that unless the interests of the lessee and that of the lessor in the whole of the...Punjab Security of Land Tenures Act, 1953, for ejectment of the petitioner from the land in dispute, on the ground that the petitioner is the sub-lessee under...

...) 2089] : 2011(3) RCR (Civil) 139. In all these judgments, the Honble Supreme Court and this Court, discussed the doctrine of merger i.e. Section 111(d) of Transfer of Property Act. The...as under:- 34. A plain and grammatical interpretation of Section 111(d) of the Transfer of Property Act leaves no room for doubt that unless the interests...Punjab Security of Land Tenures Act, 1953, for ejectment of the petitioner from the land in dispute, on the ground that the petitioner is the sub...

...purchased only a share in the property and not the entire property. The applicability of the doctrine of merger within the meaning of clause (d) of Section 111 of the Transfer of Property Act, 1882...R.C Lahoti, J.— The suit property consists of a house and outhouses bearing Municipal No. 47, Ward No. 5 (new Ward No. 20), S.R.C.B Road, Fancy Bazaar, Guwahati. The house...property is situated over a piece of land which bears Pattas Nos. 1382 and 1064. The entire property including the land and the building standing thereon was owned by late Ladi Aggrawalini. It was in...

...Section 111(d) of the Transfer of Property Act and the judgment of the Hon'ble Apex Court in the case of Pramod...Section 111(d) of Transfer of Property Act, the lease will be determined only in the case of vesting of the interests of the lessee and the lessor in the whole of the property at the...not appear to have been taken by the framers of the transfer of property Act for we find that by section 105 it recognises leases in perpetuity and that section 10 which forbids a clause against...

...principle of merger, we have to go to the general law as contained in Section 111 of the Transfer of Property Act, 1882. Section 111(d) reads thus- ‘111. Determination of...merger of tenancy right and ownership entailing union of both rights. The question was whether by purchase of the right of a co-owner by the tenant, there will be merger as contemplated in Section 111(d) of Transfer of Property Act, 1882.... The Apex Court held, ‘(1) The common-law doctrine of merger is statutorily embodied in Section 111(d) of the TP Act. This provision...

...the meaning of Section 111(d) of the Transfer of Property Act. The application has been accordingly rejected.2. The learned Counsel for the petitioner has...pending appeal. The district Judge under the impugned order has rejected the application on the ground that as only a share of the property in dispute has been purchased, there would not be merger within...filed by the petitioner is liable to be quashed. There cannot be any iota of doubt that the petitioner in view of the registered sale-deed has now become a co-sharer in the property in dispute and is...

...of tenancy by merger as postulated by section 111(d) of the Transfer of Property Act. Their position as tenant continues and they are bound to comply with requirements of...person who inherited the tenancy, there are other tenants also, widow and her sons defendant Nos. 1 and 2, and in our opinion, there is no merger of the tenancy by virtue of section 111(d) of the Transfer of Property Act, 1882...whether on the acquisition of the rights of some of the co-owner landlords by the tenant, there is an extinguishments of tenancy by section 111(d) of the Transfer of Property Act. On...

...agree with Mr. Chakravarti that Section 111(d) of the Transfer of Property Act, may not in terms apply to a case where the tenancy was created prior to the passing of the...extinguished within the meaning of the proviso to Section 168-A(1) of the Ben. Ten. Act. If, on the other hand, the Court is of opinion that the provisions of Section 111(d) of the Transfer of Property Act, do...Transfer of Property Act and whether or not the provisions of S. 111(d) are at all attracted to the facts of the present case. If the provisions of S. 111(d) apply there would be a merger ipso...

...Section 111(d) of the Transfer of Property Act, 1882 reads as under:“111. Determination of lease. — A lease of immovable property, determines...Clause (d) of Section 111 of the Transfer of Property Act itself that the merger takes place only when the interest of the...purchased cannot attract Section 111(d) of the Transfer of Property Act, 1882.15. The Apex Court has also held in...

.... Champa Bai and son Puran Chand Jain are also as legal heirs inherited the tenancy, therefore, there is no merger of tenancy by virtue of Section 111(d) of Transfer of Property Act. Inder...Section 12(1) of M.P Accommodation Control Act. During the pendency of the Civil Suit No. 147-A/1988 the defendant Sheikhar Chand Jain had died. His wife Smt. Champa Bai and his son...Hafizulla established for his profession of Advocate under Section 12(1)(f) of the Act, but dismissed the suit on the ground that the suit for eviction at the instance of two co-landlords was not...

...observations as above are made even without referring to Section 111(d) of the Transfer of Property Act which governs such a case and the earlier decisions of this Court. The observation runs counter to the...Pal case (supra) is also of no assistance to the appellants since that was a case to which, according to this Court, Section 111(d) of the Transfer of Property Act had no application. Their Lordships...stated in paragraph 6 of the Judgment therein, “We need not examine the scope of Section 111(d) of the Transfer of Property Act inasmuch as Respondent No. 2 is held to be...

...and tenant between the parties. After consideration of the provisions of Section 111(d)of the Transfer of Property Act, it has been held that the lease or tenancy does not...a case where entire rights of the lessor and the lessee in the whole of the property had come into the hands of the lessee. There could be no merger in the eye of law and Section 111(d) of the Transfer of Property Act apply...the co-owner landlords by the tenant, there is an extinguishment of the tenancy by merger as postulated by Section 111(d) of the Transfer of Property Act. T. Lakshmipathi...