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1 - 10 of 21 (1.27 seconds)Section 10 in The Punjab Security of Land Tenures Act, 1953 [Entire Act]
The Punjab Tenancy Act, 1887
Section 25 in The Hindu Succession Act, 1956 [Entire Act]
Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
The Hindu Succession Act, 1956
Section 116 in The Transfer Of Property Act, 1882 [Entire Act]
Section 117 in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
Anthony vs Kc Ittoop And Sons And Others on 21 July, 2000
17. It is not in dispute that in the present case the appellant tenant
remained in possession of the land for the fixed term envisaged in
the lease agreement i.e. from 29-5-1996 to 28-5-2005 and even
thereafter. As the lease in question was not a registered instrument
and as Section 117 of the Transfer of Property Act has no
application to the State of Haryana, in view of the provisions of
Sections 17 and 49 of the Registration Act read with Section 107
of the Transfer of Property Act, 1882 the terms of the lease deed
would not be admissible in evidence and, therefore, cannot be
looked into for the purpose of determining the duration of the
lease. Though in Anthony v. K.C. Ittoop & Sons [Anthony v. K.C.
Ittoop & Sons, (2000) 6 SCC 394] it was held that in such a
situation an oral lease not exceeding one year can be presumed, it
must not be lost sight that in Anthony [Anthony v. K.C. Ittoop &
Sons, (2000) 6 SCC 394] the lease in question was one under the
Kerala Buildings (Lease and Rent Control) Act, 1965, namely, a
non-agricultural lease. In the present case, the lease being
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RSA No.1791 of 1980 (O&M) -11-
admittedly an agricultural lease the same can be deemed to be
from year to year in view of the provisions of Section 106 of the
Transfer of Property Act.