Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Determination - Intention of parties is to be gathered from document itself - Mainly, intention is to be gathered from meaning and words used in the document except where it is alleged and proved that document is a camouflage...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - If plea based on S.41 of the Act is to be taken, then same has to be backed by pleadings and not mere adoption of pleadings of some other defendants...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Good faith on part of transferee is required to be ascertained not merely by good intentions, but based upon the evidence that transferee had taken reasonable care to ascertain that transferor indeed had power to transfer the property...........
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...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Senior citizen seeking cancellation of transfer of property - Restraining beneficiary from alienating property during pendency of proceedings - Interim order, so passed, will be construed to be in exercise of inherent powers u/s 23 of the Act itself - No infirmity found in the impugned order...........
Transfer of Property Act, 1882, Section 6(e) -- Transfer - Transfer of `a mere right to sue' is prohibited u/s 6 of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - At appellate stage - Suit for possession - Patta issued in favour of plaintiff was cancelled way back in 1978 - Plaintiff neither in possession of suit property nor had any title - Subsequently qua the suit property patta had already been issued in favour..........
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...........
