Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19 -- Suit for specific performance - Two days after filing the suit, house sold by defendant to another person - S.19 SRA protects bonafide purchaser in good faith without notice of agreement prior to filing of suit - Purchase made subsequent to filing of suit not saved by S.19 SRA - Decree in..........
Transfer of Property Act, 1882, Section 52 -- Transfer of property during pendency of suit - In case of pendency of any suit or proceedings questioning therein directly or specifically any right to immovable property, the said property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the right of any other party thereto,..........
Transfer of Property Act, 1882, Section 52 -- Transfer of property during pendency of suit without permission of Court - Transferee impleaded as a party to the suit - Decree passed in suit is binding on the transferee...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature is not relevant - It is nature of allotment which is relevant to decide whether it is lease or licence...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Shop to be run for sale of particular product and sale was to cater to needs of particular group of people, namely workers and their families residing within stated housing locality - Express condition that licence was not heritable or assignable and on expiry of period of..........
Transfer of Property Act, 1882, Section 52, 41, 43 -- Lis pendens - Transfer of property during pendency of litigation to frustrate the claim of other party without disclosing it to the vendee - Intention of the vendor may be bad, but it will not bind the bona fide purchaser unless it is proved that the vendor had the knowledge of litigation - However, mala fide act of the..........
Transfer of Property Act, 1882, Section 52, 53 -- Lis pendens - Applicability - Lis pendens starts from presentation of suit and continues till decree is executed - Private sale made by J.D. who is aware of decree and of attachment made before judgment and who has no evidence to prove that transfer is for consideration, has to be held fraudulent and voidable at instance of..........
Transfer of Property Act, 1882, Section 52 -- Resumption of plot as construction not completed within time permitted - Suit by allottee to declare resumption invalid - Petitioner purchasing plot from allottee - Impleading herself as plaintiff and questioning validity of resumption - Held, petitioner has no locus standi - A party to a contract cannot transfer his..........
Transfer of Property Act, 1882, Section 52 -- Allotment cancelled and plot resumed by Competent Authority and appeal also dismissed - Plot thereafter allotted to another person - On the date of subsequent allotment of plot no litigation pending and no case being considered by any Court - Doctrine of lis pendens - Not applicable...........
Transfer of Property Act, Section 52 -- Lis pendens principle, applicability of - Property when transferred by suffering a decree subsequent to filing of suit by plaintiff - Principle of lis pendens will apply - Even without getting the plaint amended, plaintiff can contend that decree not binding on him since decree suffered during pendency of suit...........
