Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent transferee - S.19(b) SRA applies to transfer before institution of suit and S.52 TPA applies to transfer after institution of suit - Both the provisions operate in different fields - The moment suit is filed parties are governed by S.52 TPA - Subsequent transferee after..........
Transfer of Property Act, 1882, Section 65, 52 -- Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 90(15) and 92 - Wakf Act, 1954, Section 2 - Principles of lis pendens - Evacuee property - Purchase in auction sale - Ownership right of auction purchaser would be from the date of..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and Licence - Difference - Difference between a `lease' and `licence' is to be determined by finding out the real intention of the parties as decipherable from a complete reading of the document, if any, executed between the parties and the surrounding circumstances - Conduct of the..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Sale during pendency of suit for specific performance - Held, transfer of immovable property during pendency of civil suit without permission of Court is hit by principle of lis pendens and decree passed by Court is not adversely affected...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41, 52 -- Subsequent purchaser - Subsequent purchasers son of the mortgagee in possession and residents of same village - Inhabitants of a small village is presumed to have knowledge of an agreement to sell executed in favour of one party of the same village - Held, that subsequent vendees..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - House given to wife's brother for management who gave lower portion of the house to one in his brotherhood - House was to be vacated on mere asking and rent was not chargeable - Held, it amounts to licence and not lease...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transferee pendente lite is treated in eye of law as representative-in-interest of judgment debtor - Bringing of a lis pendens transfer on record is not as of right but in discretion of Court - Lis pendens transferee is bound by the decree even if he is not brought on record...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908 -- Order 22 ,R. 10 - Civil - Lis pendens transferee - Held that bringing of a lis pendens transferee on record is not as of right but in the discretion of the Court...........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Attachment of property in custody of Court - Execution application - Transfer of - Question of title between D Hand Stranger - Also pending - Also to be decided by Transfer court - Transferee Court need not remit amount automatically to transferor Court...........
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 - Impleadment as a party - There is no absolute rule that the transferee pendente lite without leave of the court should in all cases be allowed to join and contest the pending suits...........
