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G. S. AHLUWALIA
Parvat Singh – Appellant
Versus
Krishi Upaj Mandi Samiti Guna – Respondent
JUDGMENT :
This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 29/2/2020 passed by Seventh Additional District Judge, Guna in Regular Civil Appeal No.52/2016, thereby affirming the judgment and decree dated 30/4/2016 passed by Fourth Civil Judge, Class-II, Guna in Regular Civil Suit No.4A/2015, by which a decree of possession, arrears of rent & mesne profits has been passed against the appellants.
2. The appellants have proposed the following substantial questions of law:-
(2) Whether, learned both the Courts below erred in substantial error of law in decreeing the suit of plaintiffs/respondents without proving the case by them as per section 106 of Transfer of Property Act 1882 ?
(3) Whether plaintiffs/respondents have terminated the lease/tenancy according to section 106 of Transfer of Property Act 1882 ?
(4) Whether learned both the courts below erred in decreeing the suit filed by plaintiffs/res
The mandatory requirements of Section 106 of the Transfer of Property Act must be complied with for the termination of tenancy.
Landlord-tenant relationship established as a lease under the Transfer of Property Act; valid termination notice suffices for recovery of possession, regardless of alleged arrears.
The main legal point established in the judgment is the application of Section 106 of the Transfer of Property Act, 1882, to establish the existence of the oral tenancy and the bonafide requirement o....
The main legal point established in the judgment is the interpretation and application of the provisions of Section 106 of the Transfer of Property Act, 1882, specifically regarding tenant holding ov....
Every sovereign legislature possesses the right to make retrospective legislation. The power to make laws includes power to give it retrospective effect.
The exemption under Section 3(1)(b) of the M.P. Accommodation Control Act, 1961 applies to the premises itself and is not dependent on the relationship of landlord and tenant. Additionally, the plain....
The main legal point established in the judgment is the jurisdiction of the Civil Court in entertaining eviction suits based on lease expiration and the requirement of notice under Section 106 of the....
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