Transfer of Property Act, 1882, Section 60, 53A -- Mortgage - Redemption - Effect of S.53-A on right of redemption - Mortgagor agreeing to sell mortgaged property to mortgagee/putative vendee in possession - Mortgagee's status subsumes in his rights as putative vendee u/s 53-A - If pre-conditions for application of S.53-A are satisfied equity of redemption in mortgagor is..........
Transfer of Property Act, 1882, Section 53A, 60 -- Part performance - Mortgagee/putative vendee in possession - As per terms of agreement for sale earnest money paid - Mortgagee/putative vendee made improvements to property - On death of vendor legal heirs executed sale deed and received balance consideration - Sale deed not registered - No evidence to support lack of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Doctrine of - Can be invoked only when there is a writing in existence signed by the transferor and possession had been delivered in pursuance thereto...........
Civil Procedure Code, 1908, Section 100, Transfer of Property Act, 1882, Section 53A -- Second appeal - Part performance - Plea of part performance is a mixed question of law and fact - Cannot be permitted to be urged for the first time at the stage of second appeal...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Performance or willingness to perform his part of the contract is one of the essential ingredients of the plea of part performance - Failure to prove such willingness, protection to possession cannot be claimed by reference to Section 53-A of the Act...........
Transfer of Property Act, 1882, Section 53A -- Limitation - Law of limitation does not apply to S.53-A of the T.P.Act - S.53-A of the Act does not provide for any limitation on expiry whereof the defence contemplated in the section will be lost or will extinguish - Limitation bars the remedy but not the right in possession...........
Transfer of Property Act, 1882, Section 53A, 60 -- In granting relief under Section 53-A of the T.P. Act the question whether a contract is specifically enforceable or not has no bearing at all - Sections 10 and 12 of the Specific Relief Act are quite distinct from Section 53-A of the T.P. Act which applies even when the specific performance of a contract is barred or the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Scope - The provision is principally for the protection of ignorant transferees who take possession or spend money in improvements relying on documents which are ineffective as transfers or on contracts which cannot be proved for want of registration - Effect of S.53-A is to relax the strict provisions of..........
Registration Act, 1908, Section 17(1)(d), 49, Transfer of Property Act, 1882, Section 53A -- Lease - Part performance - Lease for a period of 10 years - Lease deed not registered - Valid lease not created - However, by virtue of S.49 of Registration Act unregistered lease deed can be received in evidence of part performance of contract for purpose of S.53-A of Transfer of..........
Transfer of Property Act, 1882, Section 53A, 107, Registration Act, 1908, Section 17(1)(d), 49 -- Lease for 10 years - Possession handed over to lessee - Lease deed not registered - Lease agreement is admissible under S.49 of Registration Act as evidence of part performance and lessee is entitled to his possession on the basis of equitable doctrine of part performance..........
