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Central Act · India · Chapter V — Of Leases Of Immoveable Property

Section 106 Duration of certain leases in absence of written contract orlocal usage

Transfer of Property Act, 1882 · Edition: Archived India Code central text

(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months’ notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days’ notice. (2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice. (3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section. (4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]

Source document ↗

Judgments on Section 106

LOK 2003 (2) SC 67 · Supreme Court of India

Sarwan Kumar v. Madan Lal Aggarwal

Equivalent citations: 2003 (4) SCC 147 : AIR 2003 SC 1475 : 2003 (103) DLT 20 : 2003 (1) JT 607 : 2003 (1) Scale 722 : 2003 (1) Supreme 946 : 2003 (2) SLT 1 : 2003 (6) SRJ 179 : 2003 (1) RCJ 85 : 2003 (1) RCR 347 : 2003 (1) SCW 819

Subject–
JudgesJustice Syed Shah Mohammed Quadri, Justice Ashok Bhan
ActsTransfer of Property Act, 1882 (Section 106); Delhi Rent Control Act, 1958 (Section 50); Constitution of India (Articles 20(1), 136 and 227)