Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- A document by law required to be registered, if unregistered - Law as to : (1) A document required to be registered is not admissible into evidence under Section 49 of the Registration Act; (2) Such unregistered document can however be used as an evidence of collateral purpose as..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24 -- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector seeking transfer of..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Suit for specific performance - Sale during pendency of suit - Plaintiff ready and willing to perform his part of the contract - Sale is hit by rule of lis pendens...........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Suit for specific performance - Sale during pendency of suit - Plaintiff ready and willing to perform his part of the contract - Sale is hit by rule of lis pendens...........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - Where a person delivers to a creditor or his agent document of title in respect of his immovable property with an intention to create security thereon the transaction is called transaction by deposit of mortgage title deed...........
Stamp Act, 1899, Section 9(1)(a), 9(3), Transfer of Property Act, 1882, Section 58(f), 59, Registration Act, 1908, Section 17 -- Mortgage by deposit of title deeds - It is equitable mortgage and does not require registration - No stamp duty is payable - However, when a separate document is drawn creating interest in the property then the document requires registration...........
Transfer of Property Act, 1882, Section 58(f) -- Provision of S.58(f) TPA has been extended to all the district headquarters of Punjab vide notification No.GS 88/CA.4/1882/S.58/75 dated 28.08.1975 and all block headquarters vide notification No.SO 31/CA.4/1882/S.58/79 dated 23.06.1979...........
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 53A -- Res judicata - Applicability of principles - In a suit for specific performance trial Court dismissed the same as respondent No.1 had failed to prove the existence of oral agreement - Trial Court not framed an issue as to whether respondent No.1 was in possession or not - S.53-A not..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For applicability of the provision, an agreement has to be entered into in writing - Provision of S.53-A provides for application of an equitable doctrine of part performance - Requisite ingredients therefor must be pleaded and proved...........
Transfer of Property Act, 1882, Section 60, 58(d), Civil Procedure Code, 1908, Order 34, Rule 14 -- Mortgagor in possession of mortgaged property as tenant of mortgagee - Mortgaged property purchased by mortgagee in court auction pursuant to a decree obtained by him in a suit for recovery of arrears against mortgagor - Held, relationship of mortgagor and mortgagee..........
