Specific Relief Act, 1963, Section 16, 19, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendant was allotted and put in possession of suit land by BDA - Defendant entered into agreement with the plaintiff promising to execute a sale deed in his favour within three months of getting the sale deed from the BDA - Non-execution of agreement..........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy was a monthly tenancy - Notice therefore u/s 106 of the Act for a period of 15 days was mandatory - Suit for eviction was filed much after expiry of 15 days from date of service of notice - Mandatory requirement of S.106 of the Act is duly complied with - Tenant rightly evicted...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for Specific performance - Mortgage of property during pendency of suit - Appellants derived their right from alleged mortgage which was entered into during pendency of suit - Both the Courts thus, rightly found that alleged mortgage in favour of predecessor in interest of appellants is governed by..........
Transfer of Property Act, 1882, Section 53A -- Entitlement to retain possession u/s 53-A of the Act - Agreement to sell - Once a party loses his right under agreement by dismissal of suit for specific performance, it would be inconsistent and incompatible with his right to remain in possession under the agreement...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attested by two attesting witnesses - Dispute as to status of one of attesting witness - When document appears to have been executed with two attesting witnesses, it cannot be avoided or ignored without intervention of Court and without adjudication of disputed status of witnesses, for which necessarily there..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attestation - Document of gift having only one attesting witness would be void ab initio - But when there are atleast two attesting witnesses to document, document would not stand as ab initio void on the ground that one among the witnesses did not possess required animus testandi, for which there should be an..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchasers - Suit for specific performance - Plaintiff and subsequent purchasers are residing in the same village where suit land is located - Subsequent purchasers failed to prove that they had no knowledge of agreement to sell - Subsequent purchasers are not bona fide purchasers...........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Suit for injunction and suit for partition filed in two different Courts - Outcome of one suit to impact the other suit - There is possibility of conflicting findings - In the interest of justice one suit transferred to the Court where another suit is pending...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration challenging transfer deed - Ancestral property sold by father of plaintiff in excess of his share - Plaintiff not being executant to transfer deed, is not entitled to pay ad valorem Court fees...........
