Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a) -- Usufructuary mortgage - Redemption - Limitation - Commences when `right to redeem' or to `recover possession' accrues - Such a right accrues only when mortgagor returns the mortgage money - Held, suit filed within thirty years after offering payment of full mortgage money, is within..........
Transfer of Property Act, 1882, Section 106 -- Notice - Service of summons of suit can be taken as notice u/s 106 of Transfer of Property Act, 1882...........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Inadequate consideration - Sale deeds cannot be declared as null and void on the ground that consideration is inadequate or that entire consideration is not paid - Quantum of consideration depends upon circumstances in which sale took place - If any part of sale consideration is due, vendor has..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Fraud and undue influence - Plaint is silent as to nature of fraud or undue influence, that is said to have been played - Even otherwise except PW1 no other witness has spoken about alleged fraud and undue influence - Plea of fraud and undue influence rejected - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Suit regarding same subject matter pending between same parties in two different Courts - Continuation of two suits in two different jurisdictions has the potential of conflicting judgments - Taking into account the convenience of parties and also in the interest of justice, suit at place `A' is transferred to..........
Transfer of Property Act, 1882, Section 111(g) -- Sub-tenancy - Eviction suit - Plaintiffs were found to be absolute owners with valid title under registered sale deed - Tenants denied title of plaintiff-landlord and thus forfeited right of tenancy - Plaintiff, held, entitled to possession of suit premises - Suit rightly decreed...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Does not invalidate title over the property but only makes it subject to the result of suit...........
Transfer of Property Act, 1882, Section 106(1) - - Filling of suit by Receiver to preserve estate - Validity - Held, if notice is short of period specified in S.106(1) but suit or proceeding is filed after expiry of period mentioned in S.106(1), notice shall not be deemed to be invalid and as such suit filed by Receiver to preserve estate would be maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Tenant apprehending dispossession at the hands of defendant filed suit for prohibitory injunction - Defendant contended that property in dispute had already been sold off to another person - Held, on mere transfer of title, it could not be said that cause of action to maintain suit for injunction, ceased..........
Transfer of Property Act, 1882, Section 54 -- Sale or loan transaction - Execution of sale deed - Non delivery of possession - Does not by itself, or cumulatively with the other factors pointed out by defendant, lead to the conclusion that transaction between parties was not a sale of the suit property, but was a mere loan transaction - So also the fact that the plaintiffs..........
