Section 109 The Transfer of Property Act, 1882

 

 Section 109 The Transfer of Property Act, 1882: 

Rights of lessor’s transferee.—If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights, and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him: Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again to the transferee. The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 109 The Transfer of Property Act, 1882: 

Mohar Singh (Dead By Lrs.) vs Devi Charan & Others on 9 May, 1988

Sheikh Noor And Anr vs Sheikh G.S. Ibrahim (Dead) By Lrs on 4 August, 2003

Sk.Sattar Sk.Mohd.Choudhari vs Gundappa Amabadas Bukate on 11 October, 1996

Nalakath Sainuddin vs Koorikadan Sulaiman on 8 July, 2002

Vasantkumar Radhakisan Vora vs Board Of Trustees Of The Port Of  on 21 August, 1990

Narpatchand A. Bhandari vs Shantilal Moolshankar Jani And  on 18 March, 1993

Pramod Kumar Jaiswal And Others vs Bibi Husn Bano & Ors on 3 May, 2005

Pramod Kumar Jaiswal And Others vs Bibi Husn Bano And Others on 3 May, 2005

N.M.Engineer vs Narendra Singh Virdi on 18 July, 1994

Girdhari Lal (Dead) By Lrs. vs Hukam Singh And Ors. on 19 October, 1976

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