Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Subsequent purchaser - No evidence brought on record to show that subsequent purchaser had knowledge of previous sale - No evidence that first purchaser was ready and willing to perform the contract - First purchaser not entitled to protection of S.53A of..........
Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Protection of a prospective purchaser/transferee of his possession is available subject to the following prerequisites, (i) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his..........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - When a suit u/s 53 of the Act is filed (other than a claim U.O.21.R.58 CPC), it must be for and on behalf of creditors and it is duty of plaintiff to comply with the requirement U.O.1.R.8 CPC, so as to enable all creditors to join as a party to suit - It is not at all necessary that plaintiff should know..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Gift deed is void if executed by misrepresentation as to the very character of document...........
Easements Act, 1882, Section 52 -- Licence - Exhibit-B3, does not create an outright sale but a mere licence - Through Exhibit-B3 no right has been granted to defendant no.1 by plaintiff enabling him to transfer, sell, alienate or encumber the said right - Only license was granted for construction and conduct of a telephone booth - Said document therefore cannot be treated..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Plaintiff was neither in actual physical possession of suit land on the date when parties entered into agreement nor was in a position to deliver it to defendant - Defendant was only in part of possession of suit land and not in actual possession of suit land under agreement - He..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Defendant failed to discharge the burden of proving readiness and willingness on his part to perform the contract by making payment of balance amount of consideration either on the date agreed for execution of sale deed or thereafter till filing of suit - Provision of S.53-A of the Act..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Fishery rights - Right to catch and carry away fish - Amounts to profit or benefit arising out of land and is immovable property within the meaning and ambit of T.P. Act - Transaction of sale of the right to catch and carry away the fish if not effected by means of a registered instrument..........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - A purchaser of immovable property who has been put into possession of property pursuant to agreement for sale is entitled to seek protection in respect of his possession in that capacity only if the agreement is sufficiently stamped and registered...........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - Landlord tenant relationship - Suit for possession, damages and mesne profits - No interest in immovable property can be claimed or transferred on the strength of an unregistered document - Moreso, there is nowhere provided that possession has been delivered to tenant in part..........
