Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case, as transfer in favour of petitioners..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54, Easements Act, 1882, Section 8 -- Right of way - Creation in favour of plaintiff and thus easementary right given to plaintiff - Agreement granting easementary right does not require registration as there is no transfer of ownership as contemplated by S.54 of Transfer of Property Act and only a..........
Civil Procedure Code, 1908, Section 11, 24 -- Res judicata - Not applicable to transfer application, as principle of res judicata applies to a decision of a suit or an issue and decision of an application u/s 24 of the Act cannot be treated to be decision of an issue - Second/subsequent application u/s 24 of the Act thus, not barred by res judicata...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Parties contested three cases at place where wife resides with her parents - Husband is also presently posted at such place where wife resides - It would be expeditious and in the interest of justice and convenient to all concerned that all the matters are heard at one place - Matrimonial case for..........
Hindu Marriage Act, 1955, Section 13B -- Parties arrived at settlement during pendency of transfer of divorce petition filed by husband - Amount of Rs.12 lakhs paid to wife - FIR lodged by wife u/ss 498-A, 406, 506(2) read with S.34 IPC quashed - Marriage between parties dissolved by consent...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Rule of lis pendens applies only in a case where any right to immovable property is directly and specifically in question...........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Where lease deed after expiry of lease period was not registered as required u/s 107 of T.P Act and S.17(1)(d) of Registration Act, tenancy in favour of defendant will be a monthly tenancy which could be terminated by a notice u/s 106 of the Act...........
Transfer of Property Act, 1882, Section 106 -- Lease - Merely because landlord accepted rent after termination of tenancy from tenant, but said amount appropriated and adjusted by landlord not towards rent but towards use and occupation charges of tenanted premises after termination of tenancy, it cannot be said that plaintiffs created a fresh lease in favour of defendant..........
Transfer of Property Act, 1882, Section 10, 11 -- Condition restraining alienation - A clause in a partition deed restraining alienation of properties allotted to parties will be void, though a deed of partition cannot strictly be regarded as a document of transfer...........
Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Where a property is transferred subject to a condition or limitation absolutely restraining the transferee or persons claiming under him from parting with or disposing of interest in property except in case of lease, such condition or limitation should be treated as void...........
