Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction - Licence terminated on 11.7.1991 and suit for mandatory injunction filed on 24.8.1991 - Held, there is no delay in filing suit for mandatory injunction and the same is maintainable - It is only in cases..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer of suit property during pendency of suit - Suit withdrawn without seeking leave of Court or reserving any right - Principle of lis pendens is not applicable - Principle of lis pendens is applicable only when suit is taken to its logical conclusion and a decree is passed in favour of plaintiff...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52, Transfer of Property Act, 1882, Section 52 -- Subsequent purchaser - Bonafide purchaser for valuable consideration and without notice - Nothing placed on record showing that subsequent purchaser was aware about the existence of previous agreement to sell - Letter written to Sub Registrar..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Depends on the recitals in the document, irrespective of title of the document - Document is to be read as a whole - If an interest in the immovable property entitling the transferee to enjoyment is created, it is a lease, if permission to use land without right to exclusive..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Permission given to exhibit films in the theatre without interest in cinema theatre - Held, it amounts to licence and not lease though document is titled as lease...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Impleading as a party - Application of transferee pendente lite for impleading him a party to the suit should ordinarily be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Can be impleaded as a party if his interest in the subject matter of suit is substantial and not just peripheral - Court has discretion in the matter which must be judicially exercised and an alienee would ordinarily be joined as a..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Elements required for the applicability of the provision are : (1) There must be a suit or proceeding pending in a Court of competent jurisdiction; (2) The suit or proceeding must not be collusive; (3) The litigation must be one in which right to immovable property is directly and specifically in question; (4)..........
Civil Procedure Code, 1908, Order 1, Rule 9, Transfer of Property Act, 1882, Section 52 -- Transferees of property - Right of - Necessary or proper parties - Transferees obtaining possession during pendency of suit - Are neither necessary nor proper parties - Alienation is hit by doctrine of lis pendency...........
Transfer of Property Act, 1882, Section 52 -- Subsequent purchaser during pendency of suit - Defence that transferee is a bona fide purchaser for value without notice of earlier transaction is not available to such a transferee...........
