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1 - 6 of 6 (0.24 seconds)The Code of Civil Procedure, 1908
G.M. Enterprises Pvt. Ltd. vs Sem Tian Exports And Hotels Pvt. Ltd. on 11 March, 2005
"14. In the absence of a contractual period of tenancy, the
defendant could continue in possession of the premises but only
as a month to month tenant which tenancy was terminable by the
Lesser on service of a notice. That such a notice was sent to and
I.A. Nos.6403/2011 & 16440/2011 in CS(OS) No.86/2010 Page No.6 of 8
received by the lessee is not disputed. Even the validity of the
said notice is not in dispute before me. If that be so, there is
nothing left to be tried, examined or determined in the suit in so
far as the same prays for a decree for possession against the
defendant. The provisions of Order XII Rule 6 of the CPC are,
therefore, squarely applicable, entitling the plaintiff to a
judgment in its favor to the extent the said judgment can be
sustained on admissions made by the defendant."
Uptron Powertronics Ltd. vs Shri G.L. Rawal on 26 July, 1999
(ii) Uptron Powertronics Ltd. Vs. Sh. G.L. Rawal,
1999 IV AD (Del) 861, wherein a suit for possession, mesne
profits and damages was filed. Before the issues were framed,
the plaintiff in that case moved an application under Order XII
Rule 6 praying that in view of admissions made by the
defendant, no evidence was required to be led and a decree may
be passed for possession. The learned Division Bench observed
that the lease was for a period of three years and renewal of the
same was not registered. Hence, the lease became a lease on
month to month basis under the Transfer of Property Act and
was terminated in accordance with law under Section 106 of the
same Act.
Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
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