Civil Procedure Code, 1908, Order 34, Rule 5(1)(2), Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of Redemption - Extinguishment of Right - Final Decree - High Court held that by passing of decree for sale under O 34 R 5(3), mortgage debt is merged into the decree and right to redemption is not available. Held - Final decree for sale under Order 34 R 5(3),..........
Civil Procedure Code, 1908, Section 24(1)(b) -- Transfer of cases - When can be ordered - Cases pending in court falling under jurisdiction of Madhu Rai Bench of High Court - Transfer petition filed before Madras High Court - Transfer ordered - Order competent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 13(3)(a)(i), Transfer of Property Act, 1882, Section 105 -- Two shops given on rent under one tenancy - Requirement of shops proved - Tenant liable to be evicted from both shops - Tenancy cannot be splitted...........
Transfer of Property Act, 1882, Section 106, 111 -- Ejectment and recovery of rent - Suit for ejectment on the basis of title - Trial Court dismissed the suit, rejecting the pleas of ownership and relationship of landlord and tenant between the parties - First Appellate Court gave findings only qua the relationship of landlord and tenant and dismissed the appeal filed by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant failing to appear in transferee Court - Defendant appearing in Court before transfer of case and he knew of next date fixed - Counsel of defendant served with notice of transfer - Counsel not informing defendant, is a matter between defendant and his counsel - Refusal to set aside..........
Transfer of Property Act, 1882, Section 53 -- Possession in pursuance of agreement to sell - A person in possession in pursuance of agreement to sell cannot claim adverse possession...........
Motor Vehicles Act, 1939, Section 94, 95, 103A -- Transfer of ownership - Liability of Insurance Company - Mere sending of intimation by transferor/owner is not sufficient - It is necessary to prove the receipt of intimation by the Insurance Company...........
Agreement to sell -- Suit for specific performance - Breach of a contract to transfer immovable property must be specifically enforced - Alternative relief of securing compensation in money would not be adequate. (Specific Relief Act, 1963, S.10)...........
Civil Procedure Code, 1908, Section 47 -- Specific Performance suit - Subject matter open land - Decreed - Execution - Objection petition objecting the possession of standing trees - Trees planted after the execution of agreement - Even otherwise the objections are not tenable - Transfer of Property Act stipulates the passing of property to the Transferee which is capable..........
Civil Procedure Code, 1908, Section 47 -- Specific Performance suit - Decreed - Subject matter open land - Execution - Objection regarding transfer of two rooms and trees - Never pleaded in the written statement - Not referred even in evidence - Objection before executing court for the first time - Not competent...........
