Transfer of Property Act, 1882, Section 54, 55(a), 55(b) -- Sale - Non payment of consideration amount - Transferee continues to be the owner - However, defendant agreed he has no right over the property and as such he would execute a relinquishment deed and register the same in the name of plaintiff - Relinquishment deed not executed and registered - Held, in the absence..........
Transfer of Property Act, 1882, Section 54, 55(a), (b) -- Sale - Consideration amount not paid - Transferee continues to be the owner - Relinquishment deed agreed to be executed - On failure to execute and register the relinquishment deed it cannot be said that transferee is divested of his title to the property - On non execution of the relinquishment deed the only..........
Registration Act, 1908, Section 17, 18(b) -- Document - Whether registration compulsory - Depends upon nature and contents of the document - The nomenclature given to the document is not decisive - Primary question to be considered is whether the document by itself creates or extinguishes rights in immoveable property worth more than Rs.100/- - Dispute between vendor and..........
Registration Act, 1908, Section 17 -- Relinquishment of right in immovable property - Must be by way of a registered instrument...........
Registration Act, 1908, Section 17 -- Oral relinquishment when property worth more than Rs. 100/- Not permissible - Relinquishment has to be effected by registered instrument in view of Section 17...........
Transfer of Property Act, 1882, Section 45 -- Two persons purchased land jointly - Joint owners not having unity of title or unity of interest in property - Joint owners having no interest in each others property - Relinquishment by one joint owner in favour of another - Such relinquishment amounts to deed of conveyance...........
Specific Relief Act, 1963, Section 37, 38 -- Plaintiff tenant in the suit land - No order of eviction against plaintiff - Not the case of defendant that plaintiff relinquished his tenancy rights by any valid relinquishment deed - Held, a tenant in possession is legally presumed to remain in possession till evicted by a Court of competent jurisdiction - Appeal against order..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Relinquishment of any portion of claim to bring suit within jurisdiction of any Court - Held, claim is to be relinquished before institution of suit and this provision is not available after institution of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Father of the petitioner entered into compromise and signed a relinquishment deed - Whether the relinquishment deed is true or binding could not be gone into the suit and the remedy lay somewhere else - Decision of Court? below that petitioner is not a neces-sary party, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Amendment seeking relinquishment of claim in respect of part of land does not amount to introducing new cause of action - Party can reduce his claim by suitably amending plaint...........
