Registration Act, 1908, Section 17(1)(b) -- Consent decree - Registration of - Transfer of immovable property of more than Rs.100/- in value - No evidence on record to show any family settlement between parties to decree - Decree complusorily registrable - Not registered - Decree not recognisable in the eye of law - Bhoop Singh's case AIR 1996 SC 196 relied...........
Agreement to sell -- Suit for specific performance - Subsequent transfer - Suit is maintainable without seeking relief of cancellation of sale deed in favour of subsequent transferee - Decree for specific performance is executable against subsequent transferee even without seeking cancellation of sale deed in his favour. (Specific Relief Act, 1963, S.19(b)...........
Civil Procedure Code, 1908, Section 41, 146, Order 21, Rule 16, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4, 12, Succession Act, 1925 -- Death of decree holder during pendency of execution - Continuation of execution by Legal Representative - Requirement of succession certificate - Money decree passed by Court in Madhya Pardesh - Decree transferred to Bhiwani..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right of redemption can be extinguished during subsistence of mortgage only by act of parties or by decree of a Court...........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 18, Article 61(a) -- Usufructuary mortgage - Suit for redemption - Loan of Rs.300/- taken under a usufructuary mortgage - Mortgagee assigned mortgage in favour of `SI' - Assignee died leaving surviving his widow and son - Mortgagor filed suit for redemption - Mortgage debt stood discharged by S.9..........
Transfer of Property Act, 1882, Section 58(d), 60 -- Usufructuary Mortgage - Right of Redemption - Concept explained - A usufructuary mortgage is transfer of an interest in immovable property by the owner (mortgagor) for securing the amount advanced by the creditor (mortgagee), under which possession of property is delivered to the mortgagee - Mortgagee enjoys the rents..........
Hindu Adoptions and Maintenance Act, 1956, Section 27, 28, Transfer of Property Act, 1882, Section 39, 52 -- Maintenance - Charge on property - It will be highly unconscious and unjust to permit husband to alienate his property with an oblique motive to defeat the legal right of maintenance of his wife - A party cannot be permitted to transfer its land which is likely to..........
Civil Procedure Code, 1908, Section 33, Order 20 -- Judgment and decree - Wrong citation of the provision of the Act - Suit filed by the wife for claiming maintenance and for creating 'maintenance' as charge on the property - Courts below allowed the suit by placing reliance on Sections 27 & 28 of the Hindu Adoption & Maintenance Act, 1955 and created maintenance amount as..........
Civil Procedure Code, 1908, Order 34, Rule 5(1)(2), Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of Redemption - Extinguishment of Right - Final Decree - High Court held that by passing of decree for sale under O 34 R 5(3), mortgage debt is merged into the decree and right to redemption is not available. Held - Final decree for sale under Order 34 R 5(3),..........
Transfer of Property Act, 1882, Section 106, 111 -- Ejectment and recovery of rent - Suit for ejectment on the basis of title - Trial Court dismissed the suit, rejecting the pleas of ownership and relationship of landlord and tenant between the parties - First Appellate Court gave findings only qua the relationship of landlord and tenant and dismissed the appeal filed by..........
