Showing : 11-20 of 23 Results

CALCUTTA HIGH COURT
Year of decision: 2002
Details
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4-- 'Dwelling house' - Determination - In the instant case bar of S.44 not attracted as suit land is neither part of plaintiff's house nor appurtenants used by plaintiff - Thus, plaintiff's suit deserves to be dismissed - Legal aspects - Clarified...........
ORISSA HIGH COURT
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4-- Scope - Object of S.44 of T.P.Act and S.4 of the Partition Act is to keep off the stranger who may purchase the undivided share of some co-owner in the dwelling house and to make it possible for the co-sharer who has not sold his share to buy up the share from the stranger purchaser...........
ORISSA HIGH COURT
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4-- All the co-sharers except the predecessors of plaintiff transferred their shares of property to strangers - Plaintiff or his predecessors never objected - Held, suit property has lost the character of dwelling house belonging to undivided family by long and uninterrupted possession of a stranger..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, Transfer of Property Act, 1882, Section 44-- Transfer by a member of an undivided family of his share in the dwelling house - Suit for injunction against transferee - No partition by metes and bounds had taken place - Entitled to grant of injunction against defendant transferee...........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 44-- Second Paragraph - Dwelling house - No stranger can be permitted to have joint possession or common possession with the members of the family - Not granting an injunction against the transferee in such case would prima facie cause irreparable injury to the other members of the family...........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Partition Act, 1893, Section 4, Transfer of Property Act, 1882, Section 44-- The provisions are enacted for the domestic peace of members of undivided family occupying a common dwelling house from the encroachment of a stranger transferee - The provision of S.4 Partition Act is available at all the relevant stages of the litigation between the contesting co-owners till the..........
ALLAHABAD HIGH COURT
Year of decision: 1996
Details
Transfer of Property Act, 1882, Section 53A, 44-- Family dwelling house - Suit for injunction restraining co-sharer from transferring his share in family dwelling house to stranger - Grant of temporary injunction - Cannot be challenged on ground that the buyer having been in possession prior to suit, the said situation cannot be interfered with...........
ALLAHABAD HIGH COURT
Year of decision: 1996
Details
Transfer of Property Act, 1882, Section 44-- Family dwelling house - Transfer by co-sharer to a stranger - Buyer cannot have right to joint possession - His right will be restricted right for enforcement of partition - Applicability of S.44 cannot be denied on ground that all parties were Muslims and that there is no concept of undivided..........
ALLAHABAD HIGH COURT
Year of decision: 1990
Details
Transfer of Property Act, 1882, Section 2, 5, 44-- Suit for possession after eviction - Appellant in occupation of the disputed house both in part performance of agreement to sell executed by two of the three brothers as well as under a transfer effected in execution of a decree - Transfer through Court is covered by Cl.(d) of S.2 of the Act -..........
ALLAHABAD HIGH COURT
Year of decision: 1990
Details
Transfer of Property Act, 1882, Section 2, 5, 44-- Decree for joint possession - Plaintiff and his family deprived of the use of basic amenities as toilet, bath room & tap - Suit claiming damages - Decreed...........

Showing : 11-20 of 23 Results