Transfer of Property Act, 1882, Section 111, 106 -- Period of tenancy specified - Tenancy terminates by efflux of time - No requirement of issuance of notice u/s 106 of the Act...........
Transfer of Property Act, 1882, Section 105 -- Lease - Renewal - Clause as to renewal not clear and specific regarding the terms of renewal as nothing mentioned about terms and conditions of renewal - Court is to ascertain the intention of the parties from the material on record - Property situated in busy commercial centre of city and used for commercial purposes -..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Transferee in possession under agreement to sell by satisfying all conditions of the provision - He can seek protection of his right irrespective of the fact whether he comes to Court as plaintiff or as a defendant...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Transferee in possession under agreement to sell by satisfying all conditions of the provision - Can protect his possession even if he has not filed suit for specific performance of contract and thereby disabled himself for acquiring legal title...........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 32, 32FF -- Gift of land in 1952 by landowner in favour of his sons - Gift deed not produced - Acceptance of donee not brought on record - Original Roznamcha of Patwari regarding entering of gift not produced - Mutation of gift sanctioned in 1956 - Gift not valid - Hit by Sections 32 and 32-FF - Transfer of Property Act,..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Benefit of the provision is available only if it is proved that he was always reading and willing to perform his part of the contract...........
Transfer of Property Act, 1882, Section 53A -- Part performance - To claim benefit under the provision the claimant has to prove an agreement in writing and that he has either taken possession of disputed property in whole or in part and if he was already in possession he has continued with his possession and has done some act in furtherance of contract - He has also to..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- Husband filed petition u/s 12 HM Act at Gwalior (M.P.) - Subsequently wife filed petition u/s 13 HM Act at Meerut (U.P.) - Held, transfer application for transfer of matrimonial case from Meerut (U.P.) to Gwalior (M.P.) is not cognizable by Allahabad High Court...........
Transfer of Property Act, 1882, Section 53A -- Possession delivered under agreement to sell - In a suit for specific performance decree for refund of earnest money granted - Held, vendee in such situation cannot protect his possession u/s 53-A TPA...........
Partition Act, 1893, Section 4 -- Applicability of the provision - Conditions precedent are: (1) the dwelling house must belong to undivided family; (2) the transfer must be made to a stranger; (3) transferee has filed the suit for partition and (4) shareholder claims and undertakes to buy the share of the stranger...........
