Evidence Act, 1872, Section 115 -- Estoppel by deed - Donors had not acquired title to property yet they gifted the property - Had a pre-existing interest in property and right to partition upheld by preliminary decree - Gift of property covered by preliminary decree - By subsequent decree donors acquired a clear and complete title in the same property - Rule of estoppel..........
Transfer of Property Act, 1882, Section 60 -- Right of redemption - A statutory right - Subsists so long as mortgage subsists - Right to redeem mortgage can be exercised before it is foreclosed or estate is sold - Can be taken away in terms of Proviso to Section 60 and is extinguished by decree of Court or by act of parties...........
Transfer of Property Act, 1882, Section 118 -- Not extended to State of Punjab - Oral exchange - Permissible in Punjab - Exchange deed in Punjab - Not required to be compulsorily registered - Sardara Singh's case 1974 PLJ 341 DB Followed - Registration Act, Section 17...........
Punjab Panchayati Raj Act, 1994, Section 137 -- Lease for 10 years of plots belonging to Panchayat Samiti - Plea that lease for 10 years cannot be termed as `disposal' - Not tenable - Transfer of Property Act, Section 105...........
Punjab Land Reforms Act, 1972, Section 7(4) -- Transferee became owner of land on the basis of Civil Code decree passed (on 11.4.1972) after appointed day i.e. 24.1.1971 - Hearing of transferee before surplus area declared in the hands of transferor-landowner - Not necessary as transfer has to be ignored under Section 7(4) because same has the effect of reducing surplus..........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 32, 32FF -- Gift of land in 1952 by landowner in favour of his sons - Gift deed not produced - Acceptance of donee not brought on record - Original Roznamcha of Patwari regarding entering of gift not produced - Mutation of gift sanctioned in 1956 - Gift not valid - Hit by Sections 32 and 32-FF - Transfer of Property Act,..........
Transfer of Property Act, 1882, Section 53A -- Defence of part performance - Must satisfy four conditions - (1) that transferor had contracted to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer could be ascertained with reasonable certainty, (2) that transferee had in part..........
Transfer of Property Act, 1882, Section 53A -- Defendants can defend their possession under Section 53-A of Transfer of Property Act only if it is found that there was a valid agreement between the parties...........
Transfer of Property Act, 1882, Section 53A -- Pre-requisite for applicability - Valid agreement between the parties - Defendant can defend the possession under Section 53-A only if it is found that there was a valid agreement between the parties...........
Transfer of Property Act, 1882, Section 111(e), 111(f) -- Agreement of sale between landlord and tenant - Old relationship of landlord and tenant comes to end - Even after cancellation of agreement of sale - Status of tenant is not restored as such - On the date of execution of agreement of sale - Status of parties as landlord and tenant changed into a new status of a..........
