Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and..........
Telephone -- Non-transfer of - Subscriber an Advocate - Deficiency in service - Compensation - Depriving a practicing Advocate of the use of facility of telephone for over six months with no prima facie fault on the part of the petitioner - Held to be a clear case of deficiency in service on the part of the respondent - Respondent directed to pay Rs.5,000/- as compensation..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bonafide purchaser - Court empowered to grant specific performance against transferee of the property - Exception - Where the subsequent transferee has paid money in good faith without notice of original contract...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Vendor executed another sale deed - Suit for specific performance by first vendee - Second vendee closely related to vendor - Provision of Section 19(b) not attracted - Cannot be said that transferee had no notice of the earlier contract...........
Civil Procedure Code, 1908, Section 24 -- Transfer of Civil Suit out side the session division - Suit for Recovery - Transfer application filed by defendant on the ground that District Judge visited factory premises of plaintiff - Comments of District Judge called - District Judge admitted visit to factory premises after fire alongwith Deputy Commissioner to express..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Devolution of interest during pendency of suit - Sale of property inspite of restraint order - Transfer is mala fide - Vendee cannot be allowed to continue the suit...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Period mentioned falling short of the prescribed period - Suit filed after expiry of period mentioned in the provision - Notice not invalid...........
Transfer of Property Act, 1882, Section 106 -- Notice - A quit notice must be construed not with a desire to find faults in it, but it must be construed in a common sense way...........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser for consideration - Requirements - Agreement to sell - Before the date fixed for execution of sale deed, property sold by vendor to subsequent vendee - Suit for specific performance by original vendee - In the written statement by subsequent vendee vague plea taken to the effect that he was not having..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Doctrine of - Not applicable in the case where the person who is put in possession of the suit property is not the proposed transferee but is a person who claims that the property is already transferred in his favour...........
