Civil Procedure Code, 1908, Section 47 - - Execution - Sale - Proceedings coming to an end - If the purchaser is already in possession of property, there is no question of his filing an application for delivery and in such cases execution proceedings cannot be continued after sale - Only if it is necessary to deliver the property pursuant to sale, execution proceedings do..........
Civil Procedure Code, 1908, Section 47 -- Execution - Sale - Proceedings coming to an end - Sale certificate issued in favour of D.H. who was the auction purchaser - Decree Holder sold the property to J.D. - Thus auction purchaser/D.H. lost title to the property - Thereafter D.H. has no right to maintain the delivery application - Application for delivery of property..........
Registration Act, 1908, Section 47 -- Registration - Subsequent registration of sale deed in the absence of executant/vendor before sub-registrar on the day of registration is of no avail to purchaser, particularly when sale deed was registered after 2 years of cancellation of allotment...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Failure to perform conditions stated in sale deed - Term stated in the sale deed that in the event of purchaser failing to construct a building within a period of 2 years, same shall stand cancelled - Sale deed is cancelled automatically for violation of said..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Cancellation of plot allotment in favour of subsequent purchaser without impleading him as a party defendant in suit despite knowledge about subsequent sale at the time of filing of suit - Non-joinder of subsequent purchaser, who is necessary party is fatal to case of plaintiff - Suit..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser during the pendency of a suit would be bound by the result of litigation - Transaction is not rendered void and/or of no effect...........
Transfer of Property Act, 1882, Section 109 -- Transfer of property by previous lessor - Purchaser becomes lessor and becomes entitled to receive rent - No attornment of tenancy is necessary - Notice for attornment of tenancy is not required - Tenant cannot dispute the right of transferee landlord to maintain an eviction petition or to claim rent - However, the provision..........
Prevention of Food Adulteration Act, 1954, Section 7, 10(2) -- Act is intended for prevention of sale of adulterated food, but no offence can be launched against purchaser, who purchased such article of food...........
Prevention of Food Adulteration Act, 1954, Section 7, 10(2) -- Sample of black pepper - No allegation that black pepper is used for sale of an article of food manufactured there from without a licence or it is prohibited by food authority or food stored is in contravention of any other provision of Act or Rules made there under - No offence can be launched against..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Subsequent purchaser - Where property is purchased by subsequent purchaser during pendency of suit in good faith, principles of lis pendens will certainly be applicable notwithstanding the fact that his rights can be protected u/s 19-B of Specific Relief Act -..........
