Showing : 21-30 of 38 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 49-- Part performance - Agreement to sell - Possession delivered in pursuance of agreement to sell and this fact incorporated in agreement - Execution of agreement not denied - Agreement unregistered - Held, once the document is not in dispute the same can be used as evidence of possession - It is not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 53A-- Agreement to sell - Suit schedule property on lease - Symbolic delivery of possession - Proof of - It can by attorning existing lease in favour of the transferee - Such attornment can take place either with the direct participation of the lessee, in a tripartite transaction, or through intimation..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 35, 36-- Decree passed that actual possession shall be delivered to D.H. only on such part of the property as would be in actual possession of the defendants and will get symbolic possession of that property which is in possession of sub-tenants - D.H. seeking actual possession from sub-tenants - Allowed..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2002
Details
Housing-- Plot allotted in 1986 - Respondent-complainant depositing the full amount in installments by June 1991 - Symbolic possession given in July 1992 as area was not fully developed - Petitioner demanding extension fee in July 1998 - As only symbolic possession was given, the complainant cannot be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - At execution stage - Claim of possession sought by way of amendment of plaint at the execution stage of a decree for specific performance - Relief of possession can be granted even at the execution stage though not claimed by the vendee during the pendency of the suit as the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 35(1), 35(2)-- Decree for joint possession - Procedure prescribed for execution is provided in O.21.R. 35(2) and not rule 35(1) - Warrant only for symbolic possession can be issued when a decree for joint possession is under execution - Actual possession can be taken by the decree-holder only by way of partition..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Sikh Gurdwaras Act, 1925, Section 28, Limitation Act, 1963, Article 64, 65-- Suit for possession of undisputed property - Limitation of 90 days provided in S.28(1) to file suit for recovery of possession does not apply to a case where suit is on ground of dispossession of Gurdawara - For such a case limitation prescribed under the Limitation Act would apply - Property in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Limitation Act, 1963, Article 134-- Auction purchaser - Application for taking actual physical possession - Limitation is one year from the date when sale becomes absolute - Sale became absolute on 25.10.1982 and application for possession filed on 28.10.1986 - Injunction in a suit filed by third parties not to disturb their..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Punjab Land Revenue Act, Section 34, 35, 36, 37-- Mutation on the basis of registered sale - deed - Sale by co-sharer qua his/her share-Vendee becomes co-sharer qua other co-sharers by virtue of sale - deed - Other co-sharers cannot object to sanctioning of mutation in favour of vendee - co-sharer on the ground that physical possession has not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Transposing of J.D. as D.H. - Transfer of 1/5th undivided share of one of the decree-holders to judgment debtor - J.D. cannot be transposed as D.H. - Provision of O.21.R.16 CPC envisages transfer of the interests of a decree holder in the decree to a third party assignee and not to the J.D. - J.D...........

Showing : 21-30 of 38 Results