Transfer of Property Act, 1882, Section 60 -- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants were absolute owners of..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Where no buyer seller relationship is established between contracting parties and only a debtor creditor relationship is established, no charge u/s 55(6)(b) of T.P.Act can be claimed...........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
Civil Procedure Code, 1908, Section 47, Order 21 -- Execution - Pendente lite transferee - Adjudication of right, title and interest - Question of bona fide purchaser or entitlement of any declaration of title or interest over property based on pendente lite transfer cannot be raised in execution of decree of immovable property either u/s 47 or under any of provisions in..........
Transfer of Property Act, 1882, Section 106 -- Lease - Eviction notice - Shop in question was leased to tenant for a period of 11 months as per agreement between parties - After expiry of agreement, tenant became tenant on month to month rent - Eviction notice of 30 days u/s 106 of the Act as given by landlord to tenant is valid - Tenant evicted with conditions...........
Agreement to sell -- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was required to be registered, keeping in view the purport of..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that father executed settlement deed in favour of his wife so that both plaintiff and defendant should enjoy suit property equally - Admittedly, father had..........
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118 -- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 118 -- U, registered exchange deed - Deed of exchange relating to immovable property above value of Rs.100, can be made only by registered instrument, as it has effect of creating and taking away rights in respect of an immovable property - Since deed of exchange is not been registered, it cannot..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 118 -- U, registered exchange deed - Effect - Unregistered exchange deed of property valuing more than Rs.100 is inadmissible in evidence and as such it can neither be proved u/s 91 of Evidence Act nor any oral evidence can be led to prove its contents - Exchange deed rightly discarded by High..........
