Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Donor gifted the land to enable donee to construct a cinema hall on gifted land after obtaining permission under bye-laws regulating construction of cinema halls - Since donee has duly complied with conditions of gift by constructing a cinema hall on gifted land and operating it for about 47 years, it..........
Transfer of Property Act, 1882, Section 54 -- Sale - In sale for an immovable property value of which exceeds Rs.100, three requirements of law are that transfer of property of sale must take place through a validly executed sale deed i.e., it must be in writing, properly attested and registered...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell - S.54 of the Act in its definition of sale does not include an agreement of sale which neither confers any proprietary rights in favour of transferee nor by itself create any interest or charge in the property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell does not confer a valid title on the plaintiff as it is not a deed of conveyance as per S.54 of the Act - At best, it only enables plaintiff to seek specific performance for execution of a sale deed and does not create an interest or charge on the suit property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Receipt of consideration/Affidavit do not confer a valid title upon plaintiff because as per S.54 of the Act it is only through a deed of conveyance that title can be transferred...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Main ingredients for taking shelter u/s 53-A of the Act is the factum of possession...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit filed for possession along with other reliefs which means that on the date of filing of suit, plaintiff was not in possession - Since there was no possession with plaintiff as such he cannot derive any benefit under the doctrine of part performance...........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Filing an eviction suit by landlord is sufficient notice to tenant to vacate the property...........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Tenant at sufferance is one who wrongfully continues in possession after extinction of a valid lease period - Tenancy at sufferance does not create relationship of landlord and tenant...........
Transfer of Property Act, 1882, Section 116 -- Tenant by holding over - Tenant continuing in possession after determination of lease with consent of landlord is a tenant holding over or a tenant at will...........
