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Reported Case Laws decided by High Courts
Transfer of Property Act 1882
Sections 106 & 111 – Notice not necessary when lease stands determined by expiry of time stipulated in lease deed – no proof to show that lessee paid rents after expiry of lease period. Once lease stood terminated and was not revived, notice under section 106 need not be given. Dealth by A.P High Court and as reported in 2006(5) ALD 9 Poonam Chaterjee and another vs Ganapathy Nalamharaju Reddy.
Succession Act 1925
Section 63 – Will – Attestion – No rule that persons who had attested some documents earlier only are eligible to figure as atttestors in Will – there will be a first time, like many things, for attestation also for every attestor of a document. Suspicious circumstances – execution of Will by deceased about a month prior to his death, by itself, cannot be said to be a suspicious circumstance – Will, held true and genuine. Dealt by A.P High Court and as reported in 2006 (5) ALD 60 – Gurijal Savithri and others v. Gujiral Venkateswara Rao and others..
Urban Land (Ceiling and Regulation) Act, 1976
Section 20 – exemption under – purchaser of land declared as surplus under the act – cannot claim benefit of policy contained in G.O.Ms No. 733 dated 31.10.1988 and seek exemption under section 20 – it is only original owner that can seek exemption under the said GO but not any purchaser whose purchase was after act and after proceedings under section 10(6) – it is not open to such purchaser to contend that land did not fall under ‘vacant land’ or that it was not ‘urban land’ when original owner himself filed a declaration on premise that land is urban land and never retracted from same [GO Ms No. 733, Revenue (UC-II) Department dated 31.10.1988. Dealt by a Division Bench of A.P High Court and as reported in 2006 (5) ALD 132 (DB) – Purchuri Ratnakar Rao v. State of AP and others.
*Source: Law Journals Andhra Law Decisions and Andhra Law Times.