Section 106 The Transfer of Property Act, 1882

 


 Section 106 The Transfer of Property Act, 1882: 

Duration of certain leases in absence of written contract or local usage.—

(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.

(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.

(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]



Supreme Court of India Important Judgments And Leading Case Law Related to Section 106 The Transfer of Property Act, 1882: 

V. Dhanapal Chettiar vs Yesodai Ammal on 23 August, 1979

Mangilal vs Suganchand Rathi on 24 October, 1963

M/S Park Street Properties (Pvt)  vs Dipak Kumar Singh And Anr on 29 August, 2016

Samir Mukherjee vs Davinder K. Bajaj & Ors on 18 April, 2001

Samir Mukherjee vs Davinder K. Bajaj & Ors on 18 April, 2001

Sevoke Properties Pvt. Ltd. vs West Bengal State Eletrictiy on 11 April, 2019

Firm Sardarilal Vlshwanath And vs Pritam Singh on 14 August, 1978

Allenburry Engineers Private Ltd vs Ramakrishna Dalmia & Ors on 15 September, 1972

Dipak Kumar Ghosh vs Mira Sen on 22 January, 1987

Laxmidas Bapudas Darbar And Anr vs Smt. Rudravva And Others on 27 August, 2001




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