Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - Writing obtained in that regard in the form of a memorandum or letter so that it will be a record which would evidence the transaction - If the parties execute a memorandum of title deeds intending to reduce the transaction into writing and it is done..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature is not relevant - It is nature of allotment which is relevant to decide whether it is lease or licence...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Shop to be run for sale of particular product and sale was to cater to needs of particular group of people, namely workers and their families residing within stated housing locality - Express condition that licence was not heritable or assignable and on expiry of period of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Doctrine of - Can be invoked only when there is a writing in existence signed by the transferor and possession had been delivered in pursuance thereto...........
Rent and Eviction -- Ceased to occupy - Shop - Non consumption of electricity - Evident from evidence that tenant was not using the electric connection for long time - Contention of tenant that meter was out of order has no force as there is no evidence on record to that effect - Even in the report of meter reader the words were used as 'T.P.L.' meaning thereby that the..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Sale with condition of repurchase or mortgage by conditional sale - Interpretation of deed - Transferee put in possession in order to clear existing debt of Rs.1, 000/- and further to obtain another loan of Rs.1, 000/- and condition in deed requiring transferee to reconvey property to transferor if later repays Rs.2, 000..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Buyer's right - Nature of - Buyer will have a charge on seller's interest - Buyer's charge is a statutory charge and differ from a contractual charge - Charge on property is enforceable not only against seller but against all persons claiming under him - Buyer is entitled to interest on amount of purchase money paid till..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Buyer's right - Purchase money - Interest thereon - As per agreement interest not payable - Court's finding that contract fraudulent - Seller cannot rely upon term relating to `contract to the contrary' to escape payment of interest - Seller is liable to pay interest...........
Transfer of Property Act, 1882, Section 55(6)(b), Limitation Act, 1963, Article 62 -- Buyer's right - Time limit for enforcement - Period of limitation for enforcement of statutory charge created under Section 55(6)(b) is 12 years from date when became due - Period remains the same even for enforcement of the charge on substituted security...........
Transfer of Property Act, 1882, Section 106 -- Notice - Two modes by which notice can be served - (i) By sending it to the party by post (ii) Second mode is by (a) tendering or delivering personally to such party or to one of his family members or servants, at his residence; (b) if such tender or delivery is not possible, affixing it to a conspicuous part of the property...........
