Transfer of Property Act, 1882, Section 53A -- Part performance - In order to claim protection of S.53-A TPA transferee pursuant to an agreement must establish his entitlement for specific performance of contract...........
Hindu Minority and Guardianship Act, 1956, Section 8, Transfer of Property Act, 1882, Section 7 -- Minor - Transfer of property of a minor - A natural guardian of a Hindu Minor is not competent or authorised to dispose of the transferable property of a minor, without the previous permission of Court...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Can be claimed only when agreement pursuant to which such protection is claimed, subsists...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Any transfer of suit property which does affect the rights of any other party to the suit under the decree or order which may be made, but on the contrary advances the reliefs claimed in the suit, is not hit by doctrine of lis pendens...........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 27 -- Failure to prove relationship of landlord and tenant - In the event landlord proves his title he can get a decree of possession on the basis of title - Defendant can raise a contention that he had acquired an indefeasible title by adverse possession...........
Transfer of Property Act, 1882, Section 106 -- Tenancy governed by Rent Act - After termination of tenancy tenant does not become a trespasser - He becomes statutory tenant...........
Agreement to sell -- Specific performance - Relief of possession - Not always necessary to claim the relief of possession specifically as relief of possession is inherent in relief for specific performance of contract for sale. (Specific Relief Act, 1963, S.33, Transfer of Property Act, 1882, S.5(1)(f)...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- New building - Suit for ejectment filed within a period of 10 years from the completion of the shop - It was proved on record that suit had been filed within 10 years of completion of shop as such the provisions of Rent Act were not applicable - Notice in terms of S.106 of Transfer of Property Act was..........
Punjab Security of Land Tenures Act, 1953, Section 9, Transfer of Property Act, 1882, Section 111 -- Ejectment proceedings - Total land 190 kanals and 15 marlas - Tenants had purchased only 70 kanals 5 marlas of land during pendency of ejectment application against them - They have not become owners of the entire land - Not open to tenants to say that they have become..........
Evidence Act, 1872, Section 62, 68, Transfer of Property Act, 1882, Section 54 -- Primary evidence - Notarised copy of sale deed produced - Original brought in Court - Plaintiff not cross examined as to non production of original sale deed - Contention that attested copy by Notary Public does not prove title repelled...........
