Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Grant of - Sale pendente lite - Effect of provision of S.52 of TPA - Held, provisions of S.52 of the TPA though may be used in cases of sales which came in existence during the pendency of suit or in other fit and appropriate cases but that does not make..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Description of property - Door number specified - Boundaries not properly specified - Held, defendant could very well understood that plaintiff sought eviction only from the structure concerned - Held, termination notice is valid and is not bad for want of proper description of suit property...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation - Prayer for declaration that sale deed is null and void - Unless deed of sale is cancelled the transfer cannot be held to be null and void - Suit for cancellation of sale deed is governed by Art.59 of Limitation Act -..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - A document is not invalidated for the mere fact that consideration was not paid before the Sub Registrar...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer of property during pendency of execution proceedings - Sale deed is hit by doctrine of lis pendens - Sale is null and void and does not affect the rights of plaintiff...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - For a transaction to constitute mortgage by conditional sale it is necessary that the condition is embodied in the document that purports to effect the sale - That requirement is stipulated by the proviso which admits of no exceptions...........
Transfer of Property Act, 1882, Section 58(e) -- English mortgage - For a transaction to constitute an English mortgage essential conditions to be satisfied are : (1) The Mortgagor must bind himself to re-pay the mortgage money on a certain date; (2) The property mortgaged should be transferred absolutely to the Mortgagee; (3) Such absolute transfer should be made subject..........
Transfer of Property Act, 1882, Section 106 -- Termination of tenancy - Waiver of Notice - Ejectment suit - Tenant contended that by receiving rent, during pendency of suit for ejectment, landlord waived notice of termination of tenancy - No material on record reflecting intention of landlord to waive notice to vacate - Held, contention of tenant liable to be rejected...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer is not void or illegal - Pendente lite purchaser is bound by the decision - Transferor's title if (a) upheld; (b) partly upheld; (c) not upheld - In case title of transferor's title is upheld than transferee is not affected and in case it is partly upheld then title of transferee is saved only to that..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Prospective purchaser - Can be saved from risk, hardships and misery only when there is some satisfactory and reliable method by which he can ascertain whether any suit is pending or whether the property is subject to any decree or attachment before he decides to purchase the property - Central Government..........
