Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Objection by purchaser pendente lite not maintainable as rights of purchaser pendente lite are subject to the decree and as such transferee is bound by the decree - Decree can be enforced against purchaser pendente lite...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Doctrine applies to suit for specific performance of contract of sale of immovable property...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Issuance of notice u/s 106 of Act is not sine qua non for filing eviction suit, as filing of suit itself is a notice to quit to tenant - S.106 of Act is not strictly applicable as only equitable principles are applicable in State of Punjab...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Lease - Issuance of 15 days notice and not in terms of recital of lease deed for giving three months notice become totally redundant in general law - Even otherwise, since period of lease has already expired during pendency of suit, in any eventuality tenant cannot retain the possession by any stretch of..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Provisions of Rent Act not applicable - Lease of tenant can be determined by a notice to quit u/ss 111(h), 106 of T.P.Act...........
Transfer of Property Act, 1882, Section 111(g) -- Lease - Forfeiture - Unless there is an express condition in the lease for payment of rent and as a consequence of failure, to re-enter, there cannot be forfeiture of lease...........
Transfer of Property Act, 1882, Section 111(g) -- Lease - Forfeiture - Notice not u/s 111(g) of the Act for forfeiture of lease - S.114(A) has no application...........
Transfer of Property Act, 1882, Section 114 -- Benefit of provision of S.114 of Act - Tenant while claiming benefit of S.114 of the Act has to plead and establish that lease under which he holds demised premises contains a term that in the event of certain default in payment of rent, lease might be terminated and that plaintiff has based his claim on lease having been..........
Constitution of India, 1950, Article 124, 217, 222, 50, 74, 368 -- Independence of the judiciary - It is basic feature or inviolable part of basic structure of the Constitution - It is a judiciary which discharges its functions independently without fear or favour - Primacy of the judiciary in matters of appointment and transfer of Judges, is also part of basic structure..........
Transfer of Property Act, 1882, Section 116 -- Payments after expiry of lease tenure - Could only be categorized as `use and occupation charges' and not `rent' unless it is demonstrated to the contrary - This demonstration necessarily commences when there is clear and specific pleading in this behalf - The frequency of payments and quantum of those payments, coupled with..........
