Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- Lease of immovable property for five years with provision for renewal for further five years - Lease deed requires compulsory registration...........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Lease in question was for the purpose of business and/or factory - Property described in schedule to be estimated 16 cottahs of land with a factory shed/godown space - Such description would not be sufficient to establish that same was for manufacturing purpose - Lease in question was given for commercial purpose..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Evidence in the form of receipt about amounts spent by mortgagee produced on record - However, no evidence produced by mortgagee to prove the said receipt - Amount spent on development of suit property is stated to be Rs.75,000 - For want of specific evidence, both..........
Transfer of Property Act, 1882, Section 58(c) -- Proviso - Mortgage by conditional sale - Transaction shall not be deemed to be a mortgage unless condition is embodied in the document which effects or purports to effect the sale...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Two separate documents were executed i.e one was sale deed and re-conveyance deed - It is clearly mentioned in re-conveyance deed that property had already been sold but right to purchase the property was given within a period of 5 years on payment of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed - Where it is alleged that document of sale is void, then no cancellation would be necessary and such a document can be ignored under law - Cancellation of a sale deed would be necessary only where it is alleged to be voidable on facts...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Use of expression `ta khubzul badlain' in a sale deed by itself will not be determinative of true nature of transaction...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed not binding on plaintiff/purchaser as he was not a consenting party...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - On execution and registration of a sale deed containing recitals regarding payment of consideration and delivery of possession, sale is complete even if sale price is not paid and therefore it will not be possible to cancel the sale deed in its entirety - However, exception to said rule is the practice of ta khubzul..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
