Registration Act, 1908, Section 17 -- Registration - Sale deed executed in the year 1996 but registered in the year 2008 - Law does not require that a sale deed must be registered on the same day on which it was executed - While the execution connotes the intention of the executant, registration brings about compliance with law - Moreover, appellants cannot be permitted to..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Undue influence - Vendor about 100 years of age - Wife (plaintiff) had no knowledge of execution of sale deed at the time when it was so executed - Entire transaction underwent clandestinely and those who in normal course must have knowledge thereof, were kept in the dark - Attesting witness of sale..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Registered lease deed for a period of three years - Quit notice can only be issued after the expiry of stipulated period in the lease deed - Notice issued before the expiry of lease period is not valid...........
Transfer of Property Act, 1882, Section 106 -- Lease - Renewal - Receipt of rent in terms of lease deed cannot be construed as expression of consent for renewal unless there is a mutual agreement between parties in that behalf even though there is provision in lease deed for renewal after its stipulated period...........
Transfer of Property Act,1882 -- Eviction - Expiry of term of lease - Renewal of lease - Status of tenant - Held, in absence of a fresh deed of renewal, status of tenant become that of a month to month tenant...........
Specific Relief Act, 1963, Section 39 -- Registration Act, 1908, S.17(1)(d) & 49 - Mandatory injunction - Suit based on unregistered lease deed - Lease deed in respect of municipal land for period of 30 years in favour of plaintiff was unregistered document - Held, no mandatory injunction or relief as sought by plaintiff/appellant founded on said lease deed was admissible..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 418, 468, 471 -- Forgery - Acquittal - Validity - When sale deed in dispute was executed, respondent/accused was not present at that time - Nothing on record to show that she was instrumental in obtaining and attesting sale deed - None of the witnesses have stated that respondent/accused had..........
Registration Act, 1908, Section 17, 49 -- Unregistered relinquishment deed - Held, when there is a relinquishment of right over immovable property, value of which is more than Rs.100/-, it should be evidenced by registered document - If it is not registered bar u/s.49 of Registration Act would squarely apply...........
Civil Procedure Code, 1908, Section 151 -- Withdraw of suit - Recalling of order - Validity - While making statement before trial Court, plaintiff had not set out conditions of compromise and simply stated that the matter stood settled and, therefore, it wanted to withdraw suit - Stand of plaintiff about compromise was not opposed by counsel for defendants, who was very..........
Transfer of Property Act, 1882, Section 76(c) -- Mortgage - Stipulation in mortgage deed that all Govt. dues are payable by mortgagee - Payment of agricultural income-tax does not come within the expression `Government Dues' in as much as such tax liability is not qua the land mortgaged but qua the owner of the land who was benefited by the produce of such lands which..........