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1 - 9 of 9 (1.93 seconds)Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
State Of Karnataka vs Vishwabharathi House Building ... on 17 January, 2003
In my view, this question need not be gone into since the admitted position so far as plot No. 400 is concerned is that
State of Karnataka v. Vishwabarathi House Bdg. Co-op. Society
late Gangadhar was a Sikimi tenant and such tenancy not being heritable or transferable, the plaintiffs cannot claim title over the same and bring any suit for eviction.
The Code of Civil Procedure, 1908
Section 116 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Easements Act, 1882
Section 14 in The Indian Easements Act, 1882 [Entire Act]
Krupasinghu Routra And Anr. vs Purna Chandra Misra And Ors. on 19 June, 1972
Reliance was placed on a decision of Krupasindhu Routra and Anr. v. Puma Chandra Misra and Ors. reported in Vol. 38 (1972) CLT 764. While interpreting Section 116 of the Evidence Act, this Court held that a tenant who has been let into possession cannot deny his landlord's title at the commencement of the tenancy, however defective it may be, so long he has not openly restored possession by surrender to his landlord.
Radhakrishna Hazra vs Joykrishna Hazra on 4 March, 1965
In view of nonavailability of such material on record, I am inclined to accept the view of the Calcutta High Court referred to above and hold that the defendants cannot claim any protection under Section 60 of the Easements Act. No other decision taking a contrary view having been placed before the Court, there is ho reason for this Court to take a different view what has been decided by the Calcutta High Court in the aforesaid decision.
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