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1 - 7 of 7 (0.27 seconds)Section 53A in The Transfer Of Property Act, 1882 [Entire Act]
Section 51 in The Indian Contract Act, 1872 [Entire Act]
The Code of Civil Procedure, 1908
Rajasthan Rent Control Act, 2001
The Transfer Of Property Act, 1882
Biswabani Private Ltd. vs Santosh Kumar Dutta And Ors. on 14 August, 1963
7. The first question for consideration is that does this letter give rise to a lease for a period of three years, Section 107 of the Transfer of
Property Act lays down that a lease for a period of one year or more has to be through a registered instrument. In view of this specific provision of the Act, this letter or any oral evidence in support of this letter spelling out any understanding between the parties cannot give rise to a lease. The period involved is three years and the lease has to be through a registered document. The learned Counsel for the tenant tried to place reliance on Section 53-A of the Transfer of Property Act and on that basis urged that it amounted to a lease for three years. We are afraid that Section 53-A of the Transfer of Property Act cannot be pressed into service in the facts of the present case in the absence of any writing signed by the landlords or on their behalf. The letter relied upon by the tenant is written by the tenant itself. It is addressed to one of the landlords, therefore, Section 53-A is not attracted. Reference is invited to Biswabani Pvt. Ltd. Vs. Santosh Kumar, .
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