Consent decree -- General Power of Attorney holder - Power to sell or enter into a compromise given - Does not include the power to transfer the suit property by way of consent decree - Power to sell or enter into a compromise is different from power to transfer the property by way of consent decree as sale of land is against consideration and a compromise in a suit is in..........
Wakf Act, 1954, Section 56, Transfer of Property Act, 1882, Section 106(3) -- - Courts can grant lesser relief than claimed, in the facts and circumstances of the case - In suit for possession along with structure, appellate court decreed suit for possession, directing defendants to hand over possession of the plots leased, after removing the malba which belong to the..........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 73 -- Displaced Persons (Compensation and Rehabilitation) Act, 1976 - Allotment/transfer of land in excess to lawful entitlement - Held, a displaced person who is in possession of an excess land does not have a vested right to insist that the excess land should only be sold to him - If a displaced person has no..........
Deeds and documents -- Transfer of ownership - Document singed only by one witness - Document cannot be treated as a Will nor a document of transfer being not registered...........
Transfer of Property Act, 1882, Section 106 -- Property in possession of tenant - Suit for possession - Owner of the property is always the landlord, even if he fails to prove the relationship of landlord and tenant between the parties - Owner after issuing valid notice u/s 106 PTA can always seek possession from the person in occupation...........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption of site - Petitioner failed to raise construction despite extension granted several times - Administration resumed plot - Petitioner explained that he suffered heart attack and his father also died in whose name plot stood and transfer of ownership in the name of heirs including petitioner..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a transferee pendente lite - Suit for permanent injunction - Defendant alienated property during pendency of suit - Held, purchaser of suit property from the defendant is necessary party because rights of the purchaser would be effected by adjudication of the suit -..........
Stamp Act, 1899, Section 35(a)(vi) -- Composite document of transfer and lease for indefinite period - Transferee is liable to pay stamp duty on sale consideration of superstructure as well as also lease of land which is chargeable under Art.35(a)(vi) of Sch.I-B of the Act...........
Rent and Eviction -- Company - Amalgamation with another company - Amalgamating company (Transferor Company) loses its identity - It amounts to amalgamating company inter alia transferring its right under the lease even if it be considered as an involuntary transfer - It amounts to sub letting when it is without the written consent of the landlord and would result in..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 108 -- Lease of property of more than one year - Deed requires registration but not registered - Lease deed stipulated that tenant is not entitled to do any work upon property - Landlord failed to carry out repairs despite notice - Held, tenant is entitled to carry out repairs - A term under an..........
