Transfer of Property Act, 1882, Section 109 -- Transfer of landlord's right in favour of transferee - Attornment is not necessary to confer validity of transfer of landlord's rights, as S.109 of the Act does not require that transfer of right of landlord can take effect only if tenant attorns to him...........
Transfer of Property Act, 1882, Section 41 -- Third party rights - Once third party rights come into existence and that too by virtue of registered sale deeds, such third party rights have to be protected in view of S.41 of the Act...........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 69, 109, Himachal Pradesh Co-operative Societies Rules, 1971, Rule 57 -- Mis-utilization of funds of society - Surcharge proceedings - As per evidence on record petitioner obtained signatures of members after conclusion of proceedings of meeting in minute books of society and thereafter illegally managed to..........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 3, 11, 21, 23, 27 -- Eviction - Residential premises owned by senior citizen - Sons in occupation of part of the premises who neither maintained nor support their parents rather harass them for transfer of property in their name - Eviction order affirmed along with payment of Rs.2000/- each to the..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Extinguishment of right to redeem - Right to redemption survives only till confirmation of sale and not thereafter - Plaintiff losses the right to sue for redemption of mortgaged property when mortgaged property is put to auction sale in a suit for foreclosure and sale certificate is issued and thereafter there..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right to enforce claim for equity of redemption is a statutory right under the Act - It necessarily presupposes the existence of a mortgage - Right to redeem stands extinguished either by act of parties or by operation of law in the form of a decree of Court under the proviso to S.60 of the Act...........
Transfer of Property Act, 1882, Section 60, 91 -- Mortgage - Redemption - Appellants being purchasers of equity of redemption can have or claim no better rights u/s 91 of the Act than what their predecessor-i, interest had u/s 60 of the Act...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 49, Evidence Act, 1872, Section 61 -- Lease for more than one year - Evidentiary value of non registration of document - Once an instrument is compulsorily required to be registered under the provisions of TPA, 1882 and it is not so registered, it cannot be received as evidence of any transaction..........
Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 61 -- Determination of lease - Payment of rent - In the absence of substantive evidence such as account books, payment of rent cannot be accepted on basis of oral evidence...........
Transfer of Property Act, 1882, Section 11 -- Restriction repugnant to interest created - Once an absolute interest is created in favour of any person then there cannot be any restriction in the manner in which such interest has to be applied or enjoyed...........
