oral tenancy. The tenancy, being oral, is
month to month tenancy and can be terminated by way of notice under
Section 106 of Transfer ... Property Act. Plaintiff has categorically
CS 84/14 Imran Khan Vs. Feeroza Begum & Anr. 4/6
deposed that the tenancy was terminated
stated that Section 108 (q) of the The Transfer Of
Property Act, 1882 read together with Section 108(d) makes it
absolutely clear that ... during the tenancy tenure of 20
years , which clause 2 is in accordance with Section 108(j) of The
Transfer Of Property Act
respondent under section 14(1)(e) read with Sec.25B of Delhi Rent
Control Act, 1958 (in short DRC Act ). The present petition has been ... Registration Act, 1908 , Section 17 (d) of the said Act is the relevant
provision and same is reproduced hereinbelow :
" Section 17 . Documents of which
petitions under Section 14(1)(e) and
under Section 14(1)(k) of Delhi Rent Control Act were filed by the
plaintiffs against the defendant ... discussed the effect of Section 107
and 106 of Transfer of Properties Act as well
as Section 49 of Registration Act and opined
that
plaintiff
against Sh. Madan Lal under Section 14(1) of Delhi Rent Control
Act, 1956 (hereinafter referred as Act) for non-payment of rent
after ... possession from the
defendants because the tenancy would no longer be protected u/s
50 of DRC Act.
32. In the circumstances of the case
wife Smt. Raj Kumari under S.2 (L) of DRC Act, as the tenancy was
terminated vide a notice dt. 16.03.1982 during the lifetime ... therefore, his tenancy is protected under the
Suit No. 84/12 Harbans Singh Vs. Yashpal Mahajan 6/15
provisions of DRC Act . The notice
inherit the tenancy in
respect of residential premises contained in Section 2(l) (iii) of the
Delhi Rent Control Act, 1958 as amended ... tenancy rights of the
tenanted in respect of the tenanted premises which is commercial
ARCT84/2013 Page No.7of11
premises and thus the tenancy
under Section 50 of Delhi
Rent Control Act as the rent of the suit premises is Rs. 30 per month; that
Suit No. 84 ... purview of Delhi Rent Control Act and the present suit is not barred under
Section 50 of the said act.
18 The defendant has taken
parties. It is important to mention Section 116 of Indian Evidence Act, which
reads as under: -
"Section 116 - Estoppel of tenant; and of
licenseee ... Section 2 (e) of Delhi
Rent Control Act is important to mention here which reads as under:-
" Section 2 (e) of DRC Act defines
section 50 of the
Delhi Rent Control Act.
13. The defendants further pleaded that no notice under
Section 106 of the Transfer of Property Act ... indication that the tenancy was a permanent tenancy. First of all under
section 108(j) of the Transfer of Property Act a lessee may transfer
