Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Change of mutation in the name of defendant is a formidable circumstance to show that document in question is a sale deed conveying absolute right and title to defendant...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - If sale and agreement to re-purchase embodied in separate documents, then transactions cannot be a mortgage by conditional sale irrespective of whether documents are contemporaneously executed...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant acquired absolute right..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(4), Transfer of Property Act, 1882, Section 65A -- Secured assets - Delivery of possession - In the instant case, respondent was indicated as a tenant for 15 years after mortgage, without knowledge of mortgagee - Tenant who has been inducted after mortgage..........
Transfer of Property Act, 1882, Section 105, 111 -- Lease - Determination of lease due to efflux of time - Lease deed was for a period of 10 years, which automatically come to an end by efflux of time - Plaintiff already parted with possession of shop with one `M' - It was thus, not necessary for defendant to take back possession from plaintiff after terminating lease..........
Transfer of Property Act, 1882, Section 54 -- Sale - Non-payment of entire sale consideration - Does not ipso facto invalidate the very sale...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Whether an act is a fraudulent act has to be proved by a strong set of evidence, since in law, a man is presumed to intent the natural consequence of his act...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Presumption shall always be in favour of bonafide of a transaction and it requires strong contrary evidence to tilt probability in favour of one who alleges fraud...........
Specific Relief Act, 1963, Section 34, 38, Transfer of Property Act, 1882, Section 116 -- Suit for declaration of ownership - Seeking injunction against defendant claiming possession on basis of tenancy - Plaintiff claiming ownership on basis of entry in jamabandi and oral family settlement - Operation of S.116 of T.P. Act would confer legitimacy to possession of the..........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
