Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Electoral roll - Held, Electoral Roll do not show as to whether a person is occupying premises as a tenant or as a licencee - It may at best show that the person was residing in the premises...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Notices - In view of the pending litigation, non issue of the replies to the notices cannot be treated as an admission of the averments in the notices...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Application for fixation of fair rent - Tenancy denied in that proceedings - Petition was dismissed for non prosecution - Held, filing of application for fixation of standard rent do not prove tenancy...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Commences from the date of presentation of the plaint - Mere fact that there was no stay for alienation of the property does not protect the rights of bona fide purchaser...........
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser pendente lite - Impleaded as party - Cannot legally claim any independent right to contest the suit - He can only watch his interest alongwith other defendants, from whom, he had purchased the land, during the pendency of the suit, as contemplated under Order 22 Rule 10..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - (a) substance of the document must be preferred to the form; (b) the real test is the intention of the parties-whether they intended to create a lease or a license; (c) if the document creates an interest in the property, it is a lease; but, if it only permits another to make..........
Transfer of Property act, 1882, Section 52 -- Lis pendens - Transfer made during pendency of litigation, which culminated into a decree by way of compromise - Suit was contested by both parties in which plaintiff had lost before Trial Court as well as First Appellate court and matter was compromised at stage of Regular Second Appeal - Held, only exception with regard to..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease and license - Distinction - A lease is a transfer of an interest in land - The interest transferred is called the leasehold interest - The Lesser parts with his right to enjoy the property during the term of the lease, and it follows from it that the lessee gets that right to the..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Should be allowed to be brought on record as party to the suit or appeal - However, when Court thinks that such a impleadment is vexatious or designed to unnecessarily protract litigation, Court may..........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Bound ultimately by the decree passed in the pending suit or appeal...........