Showing : 1-10 of 30 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 111(d)-- Eviction - Execution of decree - Only objection raised by judgment debtor in execution proceedings was that the decree could not have been passed as lessee had already purchased suit property - Held, executing court can not consider such objection - Decree passed can not be held a nullity -..........
PATNA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 60, 67-- Clog on equity of redemption - Mortgage - Loan repayable within seven years otherwise mortgage land will be absolute sale - Mortgagee put into possession with a right to appropriate the usufruct of the land as interest - Held, this is a mortgage by conditional sale with usufructury right which is..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 27-- Failure to prove relationship of landlord and tenant - In the event landlord proves his title he can get a decree of possession on the basis of title - Defendant can raise a contention that he had acquired an indefeasible title by adverse possession...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Does not prevent alienation of property - It only postulates a condition that alienation would in no manner affects the rights of other party under the decree which may be finally passed in the suit...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 106, Delhi Rent Control Act, 1958, Section 3(c), 6A, 8, 14(1)(e)-- Suit for eviction - Rent increased - S.3(c) of Act came into operation - Suit for eviction under general law - Held, that no notice to quit was necessary u/s 106 TPA in order to enable the respondent to get a decree of eviction against appellant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Purchaser lis pendence without leave of the Court - Not a bonafide purchaser - Has no locus standi to file an application for setting aside the order and to become a party in the appeal as by that time, not only the appeal was dismissed, but even the decree was executed and the decree holder was..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 52-- Doctrine of lis pendence - Rest upon an equitable & just foundation that it will be impossible to bring an action or suit to a successful termination if a alienations are permitted to prevail - A transferee pendente lite is bound by the decree just as much as he was a party to suit - Principle of..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 52-- Scope - Principle of lis pendens is a principle of public policy - There is no question of good faith or bona fide - Principle underlying lis pendens is that a litigating party is exempted from taking notice of a title acquired during pendency of litigation - Mere pendency of suit does not prevent..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 52-- Transfer Pendente lite - Principle underlying - A litigating party is exempted from taking notice of title acquired during the pendency of litigation - Mere pendency of a suit does not prevent one of the parties from dealing with the property constituting the subject matter of the suit - The..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Transfer of Property Act, 1882, Section 52-- Suit for specific performance of an oral agreement to sell by first vendee - Another suit for specific performance of an oral agreement to sell by second vendee against some vendor - First vendee impleaded as party in suit filed by second vendee - Compromise by vendor with second vendee, admitting..........

Showing : 1-10 of 30 Results