Showing : 331-340 of 518 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 34, Rule 5(1)(2), Transfer of Property Act, 1882, Section 60-- Mortgage - Right of Redemption - Extinguishment of Right - Final Decree - High Court held that by passing of decree for sale under O 34 R 5(3), mortgage debt is merged into the decree and right to redemption is not available. Held - Final decree for sale under Order 34 R 5(3), does not extinguish..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Karnataka Rent Control Act, 1961, Section 21(1)(h), Transfer of Property Act, 1882, Section 105-- Eviction suit - Relationship of landlord and tenant - Under Rent Act, landlord need not be the owner of premises as question whether landlord was owner of property is not relevant in considering question whether there existed relationship of landlord and tenant between the parties...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61-- Usufructuary mortagage - Right of redemption - Rule against clog on equity of redemption - A mortagage is always redeemable - Mortagagors right of redemption cannot be taken away or limited by any contract between the parties - No period of limitation to redeem the usufructurary mortagage and/or..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 116, 111, 105-- Acceptance of rent by landlord after lease has been determined either by efflux of time or by notice to quit - Does not create a tenancy so as to confer the erstwhile tenant the status of a tenant or a right to be in possession...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 116-- Tenant holding over - Sending rent to landlord - Landlord informed tenant that no rent will be received from him subsequent to the determination of tenancy and that any amount sent will be adjusted towards compensation for illegally occupying the property - No fresh tenancy is created...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 116-- Tenant holding over - Suit for eviction filed - Landlord withdrawing suit with liberty to file a fresh suit - No inference can be drawn that landlord assented to creation of new tenancy...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 116-- Tenant holding over - Act of holding over after the expiration of the term does not create a tenancy of any kind - A new tenancy is created only when landlord assents to the continuance of the erstwhile tenant or the landlord agrees to accept rent for the continued possession of the land by the..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 58(c)-- Simple mortgage - Three items of property given as security - Plaintiff unable to discharge simple mortgage and at the intervention of Panchayatdars plaintiff executed a deed whereby one property sold to defendant with a right reserved to repurchase same within a period of three years on payment..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 54-- Sale - Executed as security for loan - Title and interest remain with the owner who can repossess the property on repayment of loan - Separate agreement executed by parties to reconvey the property on repayment of loan does not ipso facto lead to the conclusion that sale is not nominal...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 54-- Nature of transaction - Nominal sale deed - Plaintiff took loan of Rs. 400/- - Sale deed executed as surety in favour of Defendant - Agreement with regard to reconveyance of property on repayment of loan amount within 3 years also executed - Plaintiff failed to repay the loan - Mutation of..........

Showing : 331-340 of 518 Results