Transfer of Property Act, 1882, Section 60, Trusts Act, 1882, Section 90 -- Mortgage - Redemption - Mirashi Tenant-mortgagor - Inam land - Suit land resumed to Government under Abolition Act - Mortgagee applied for regrant though he was not a permanent Mirashi tenant and regrant was made in his favour - Failure on part of mortgagor to pay occupancy price and seek a regrant..........
Transfer of Property Act, 1882, Section 118 -- Exchange of immovable property in Haryana - S.118 of the Act was not extended at the relevant time to State of Haryana - Exchange of land can even be oral and not required to be only through registered documents in 1981...........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - After expiry of lease, merely not choosing right to seek possession in terms of lease deed, does not foreclose rights of lessor as owner of property...........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Expiry of lease - If lessor accepts payment of lease money from tenant then S.116 confers status of tenant holding over on yearly or monthly basis - After expiry of lease period, and in absence of payment of rent by lessee, status of lessee would be that of tenant at sufferance and not tenant holding..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - Failure of tenant to prove forfeiture of tenancy prior to expiry of lease period - Mere non-payment of rent does not amount to forfeiture of tenancy - However it only confers right on landlord to seek possession - Landlord filing suit within 12 years..........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Once lease deed came to an end due to lapse of tenancy, tenant cannot take benefit of terms of agreement and ask landlord to issue three months prior notice as per terms of lease deed...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Cancellation - An adjudication with respect to void or voidable nature of a registered sale deed could be adjudicated only by a civil Court - Once sale deed is executed, title and interest in the property owned by vendor is transferred to the vendee - No part of the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Receipt for transaction towards sale of immovable property - There is not a single word that any property is being transferred and receipt is towards consideration received for transfer of certain property - Neither the term sale nor any term indicating handing over of possession have been mentioned in..........
