Transfer of Property Act, 1882, Section 105 -- Lease/sub-lease - Payment of rent is essential element of lease or sub-lease - It may be paid in lump sum in advance covering the period for which premises is let out or sub-let or it may have been paid or promised to be paid periodically...........
Transfer of Property Act, 1882, Section 52, 53 -- Fraudulent transfer - Mere filing of successive injunction suits by tenant against erstwhile owner which suits admittedly stand dismissed as withdrawn does not attract provisions of S.52 for same reasons sale of property in favour of trust cannot by any stretch of imagination be treated as a fraudulent transfer u/s.53 of..........
Dowry Prohibition Act, 1961, Section 4 -- Dowry demand - Demand of colour T.V or in lieu of it Rs.15,000 - Evidence of PWs is contradictory regarding demand in question and does not inspire confidence - Prosecution failed to prove its case - Conviction and sentence set aside - Accused acquitted...........
Transfer of Property Act, 1882, Section 54 -- Sale - When a property was sold, purchaser get into shoes of vendor and rights of vendor will become right of purchaser - No specific endorsement to that effect is necessary...........
Evidence Act, 1872, Section 115, Transfer of Property Act, 1882, Section 58 -- Estoppel - Suit for redemption of mortgage - Plaintiff purchased property which was mortgaged to defendant - Defendant admitted mortgage in earlier suit and was ready to hand over possession on payment of mortgage amount - He thus, estopped by his conduct to oppose redemption - Plaintiff..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
Transfer of Property Act, 1882, Section 48 -- Priority of rights created by transfer - Two sales deed in single plot - There is no whisper regarding membership or allotment date of scheduled property - Documentary evidence reveals about boundaries of schedule property, his application and issuance of sale certificate and also same being registered - Even, documentary..........
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..........
