Transfer of Property Act, 1882, Section 54 -- Sale deed by power of attorney holder - Plea of breach of duty by selling property below the agreed price by power of attorney holder - Cannot invalidate sale or render it null and void as perusal of the power of attorney will make it clear that any restriction on the price is conspicuous by its absence in the power of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - S.52 of Transfer of Property Act, does not operate as bar to grant of temporary injunction U.O.39.Rr.1, 2 CPC in discretion of trial Court, on fulfillment of pre-conditions for grant of temporary injunction...........
Transfer of Property Act, 1882, Section 48 -- Successive transfers - The fact that subsequent purchaser is a bona fide purchaser cannot be a ground by itself for postponing rights of prior transferee...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Defendant has not raised any plea in relation to discrepancy with regard to boundary or extent of property in written statement - When there are no pleadings, First Appellate Court was not right in non-suiting the plaintiffs based upon contentions raised at the time of arguments...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Relationship between mortgagor and mortgagee has been established by plaintiffs - Defendant has also not disputed the sale deed under Exhibit A5 in favour of plaintiffs - Plaintiffs have entered into shoes of mortgagor and entitled to redeem the suit property...........
Transfer of Property Act, 1882, Section 52 -- Transfer of property pending suit - Effect of S.52 of the Act which incorporates the doctrine of lis pendens is that the transfer will be subject to the outcome of the suit and that the plea of bonafide purchase or the lack of notice are not available to the purchaser against this doctrine - Transfer of property made lis..........
Specific Relief Act, 1963, Section 16, 19, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendant was allotted and put in possession of suit land by BDA - Defendant entered into agreement with the plaintiff promising to execute a sale deed in his favour within three months of getting the sale deed from the BDA - Non-execution of agreement..........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy was a monthly tenancy - Notice therefore u/s 106 of the Act for a period of 15 days was mandatory - Suit for eviction was filed much after expiry of 15 days from date of service of notice - Mandatory requirement of S.106 of the Act is duly complied with - Tenant rightly evicted...........
Transfer of Property Act, 1882, Section 53A -- Part performance - For taking benefit of the provision of S.53-A of the Act, any document executed pursuant to Registration and other related Laws (Amendment) Act, 2001, the same to be registered...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - If a sale deed in respect of immovable property is executed without payment of price and it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law - Such a sale will be void and it will not effect the transfer of immovable property...........
