Transfer of Property Act, 1882, Section 52 -- Lis pendens - Defendant No.3 purchased suit during pendency of suit after inquiry from defendant No.1 and having satisfied that no prior agreement of sale is subsisting between defendant No.1 and plaintiff or with any other person - Held, doctrine of lis pendens is not applicable...........
Karnataka Rent Control Act, 1961, Section 21(1)(h), Transfer of Property Act, 1882, Section 105 -- Eviction suit - Relationship of landlord and tenant - Under Rent Act, landlord need not be the owner of premises as question whether landlord was owner of property is not relevant in considering question whether there existed relationship of landlord and tenant between the..........
Transfer of Property Act, 1882, Section 41 -- Protected alienation - Loan taken from bank - Original documents of property deposited as security - Subsequent sale of said property - Suit for recovery filed - Vendee claiming protection u/s 41 - No proper, due and bona fide enquiry made before the purchase qua the lose of original title deeds - Recital in the sale deed..........
Transfer of Property Act, 1882, Section 41 -- Ostensible owner - Equitable Doctrine of Estoppel - Section 41 of the Act embodies an exception to the general principle of law that no man can transfer to another right or title better than what he himself possesses - Exception is a form of Equitable Doctrine of Estoppel - To attract rule of estoppel it must be shown that (i)..........
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61 -- Usufructuary mortagage - Right of redemption - Rule against clog on equity of redemption - A mortagage is always redeemable - Mortagagors right of redemption cannot be taken away or limited by any contract between the parties - No period of limitation to redeem the usufructurary mortagage..........
Civil Procedure Code, 1908, Section 24 -- Transfer petition - Pending - Interim order also prayed for - Competency of court to pass interim order - Competent - Interest of justice and prevention of injustice also paramount with the court...........
Transfer of Property Act, 1882, Section 106 -- Notice - Not to be scrutinized by hair splitting precision - It is not a pleading but a mere communication of the intention to the recipient...........
Transfer of Property Act, 1882, Section 106, 116 -- Contractual tenancy - Expiry by efflux of time - Eviction petition filed immediately on expiry of tenancy period - Tenant cannot claim to be holding over...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Matrimonial petitions - Transfer of - Each case has to be judged on its own merits - In transfer of matrimonial petitions convenience of wife and also the issue of marriage has to prevail - In the instant case petition for restitution of conjugal rights filed by husband at Chittoor - Wife..........
Transfer of Property Act, 1882, Section 116, 111, 105 -- Acceptance of rent by landlord after lease has been determined either by efflux of time or by notice to quit - Does not create a tenancy so as to confer the erstwhile tenant the status of a tenant or a right to be in possession...........
