Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Co-owners - Father of plaintiffs sold the suit plot to appellant - No evidence on record that father of plaintiffs had consent, whether express or implied from several co-owners to act as ostensible owner of suit property - Ingredients of S.41 of the Act not satisfied - Onus which was upon appellant has..........
Transfer of Property Act, 1882, Section 53A -- Possession in pursuance of agreement to sell - Plea of protecting possession based on agreement to sale requires a written agreement between the parties - In absence of written agreement, plea raised rightly declined by Courts below...........
Transfer of Property Act, 1882, Section 6(e) -- Transfer - Transfer of `a mere right to sue' is prohibited u/s 6 of the Act...........
Transfer of Property Act, 1882, Section 106 -- Lease/tenancy - Arbitration in disputes relating to matter under T.P. Act - Where lease/tenancy are not governed under special statutes but under T.P. Act and dispute between parties is arbitrable then there shall be no impediment whatsoever to invoke Arbitration Clause...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Arbitration - When disputes arise between landlord and tenant with regard to determination of lease under the Act, landlord to secure possession of leased property in a normal circumstance is required to institute a suit in Court which has jurisdiction - However, if parties in contract of lease or in..........
Transfer of Property Act, 1882, Section 114, 114A -- Forfeiture/termination of tenancy - Dispute resolving through arbitration - If in arbitration proceedings landlord has sought for an award of ejectment on the ground that lease has been forfeited since tenant has failed to pay rent and breached express condition for payment of rent or such other breach and in such..........
Transfer of Property Act, 1882, Section 114 -- Forfeiture/termination of tenancy - Non-payment of rent - Where lease is determined by forfeiture and lessor sues to eject lessee and, if, at the hearing of suit, lessee pays or tenders to lessor the rent in arrears, S.114 of the Act provides that Court instead of passing a decree for ejectment may pass an order relieving..........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attestor is not required to know contents of document - By just signing the document with an intention to attest or on seeing the signing of document by the executant or a receipt of personal acknowledgment about execution of document is sufficient to constitute attestation...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attesting witness admitted his signatures - Admitting signing the document is sufficient to constitute attestation - Failure to know the contents of document is not relevant consideration to constitute an attestation...........
Evidence Act, 1872, Section 154, Transfer of Property Act, 1882, Section 3 -- Hostile witness - Attesting witness of gift deed - Admitted his signatures but stated that without reading the gift deed he signed it - An attestor is not required to know the contents of document - Since the witness admitted his signature on the gift deed as such there is no necessity to treat..........
