Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Registered sale agreement executed in favour of third party before institution of suit - Such transaction is not hit by S.52 of Transfer of Property Act - Held, such third party is necessary and proper party especially when his vendors are not contesting..........
Transfer of Property Act, 1882, Section 123 -- Gift of immovable property - Delivery of possession - Held, it is settled principle of law that in order that a gift deed of immovable property is valid it is not necessary that there should be a physical delivery of property to donee - If donor has done or that he could put property within power of donee to obtain possession..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Nature of tenancy - Evidence of - Held, tenancy can be written as well as oral - For ascertaining nature of tenancy, dimensions of rented premises and other terms of tenancy, primary evidence is rent deed or instrument of tenancy - In present case, besides rent deeds, appellants have also not produced any rent..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent bonafide purchaser - Sale deed not executed by purchaser within stipulated period - Vendor terminated sale agreement - Property sold to one `A' - Held, subsequent purchaser is a bonafide purchaser...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Purchaser pendente lite - Even though in view of doctrine of lis pendens transferee of a property pending disposal of suit is bound by the result of suit but Court in its discretion can implead him as party to..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Rule of lis pendens applies to suit on mortgagee as well...........
Transfer of Property Act, 1882, Section 58, 65A -- Mortgage - A tenant inducted during subsistence of mortgage and during subsistence of various legal proceedings - Held, tenant not entitled to protection of Rent Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit transferred from Court of Senior Division to Junior Division - After transfer of suit, notice not issued to defendant by Court of Junior Division - Defendant never knew about transfer of suit nor his Advocate informed him - Advocate, on his own, continued to participate in proceedings in..........
Transfer of Property Act, 1882, Section 43, Specific Relief Act, 1963, Section 13 -- Feeding the grant by estoppel - Where a party had no right to land in respect of which he executed a document, at the time of its execution, but acquires a right to it subsequently, the document executed by him earlier becomes a valid document and he is bound to honour the said document...........
Transfer of Property Act, 1882, Section 53A -- Benefit of part performance - Available only when transferee shows that he has done some act in furtherance of contract and has performed or is ready and willing to perform his part of contract...........
