Transfer of Property Act, 1882, Section 122, 123 -- Gift deed - Whether acted upon - Son transferred property to mother with absolute rights for maintenance -Probabilities of case showing that mother executed gift deeds nominally in favour of daughter and son-in-law to avoid a money decree - Donees not produced the original gift deed - Possession of property not delivered..........
Civil Procedure Code, 1908, Order 37, Rule 1, Specific Relief Act, 1963, Section 15(b), 19(b) -- Agreement to sell - Suit for refund of advance - Filed against defendant and legal heirs of deceased person who received advance but could not transfer land as it was acquired by Govt. - Suit U.O.37.R.1 is maintainable...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Tenancy of land and building erected thereon - Notice to quit, vacate and deliver vacant and peaceful possession - Notice challenged as terminating lease in respect of land only and not the building standing on the land - Held, it is not necessary to give catalogue or list of items of property standing on..........
Transfer of Property Act, 1882, Section 122 -- Gift - Validity - Execution and registration of gift deed duly proved - Allegations of fraud, misrepresentation and undue influence not proved - Possession of land delivered - Held, gift is validly executed...........
Transfer of Property Act, 1882, Section 53A -- Transferee put in possession of land under an agreement of sale is entitled to resist any attempt by the transferor to disturb his lawful possession - suit by transferee for perpetual injunction restraining transferor from disturbing his lawful possession is maintainable. (Specific Relief Act, 1963, Ss.37, 38)...........
Transfer of Property Act, 1882, Section 108 (e), (f) & (m) -- Building destroyed by fire - Tenant is not entitled to reconstruct a new building on his own - Tenant can be restrained from putting up a fresh building in the land on which subject matter of the original lease stood and which was destroyed by fire...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - A condition which impedes or prevents redemption is a clog on the equity of redemption, hence void - When there was a clause in the mortgage deed that the land is irredeemable for 95 years, held it is a clog or fetter on the equity of redemption, hence bad...........
Transfer of Property Act, 1882, Section 11 -- Negative covenant - If imposed on one land for the beneficial enjoyment of another and would be binding not only on the original parties, but even on subsequent parties...........
Transfer of Property Act, 1882, Section 53A -- part performance - Defendant in possession of suit land on the basis of an earlier settlement but on the date of agreement for sale his possession would be considered as in pursuance to the said agreement...........
Transfer of Property Act, 1882, Section 3, 8 -- Transfer of trees - Inference cannot be drawn that land is also transferred...........
