Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Subsequent purchaser - No evidence brought on record to show that subsequent purchaser had knowledge of previous sale - No evidence that first purchaser was ready and willing to perform the contract - First purchaser not entitled to protection of S.53A of..........
Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Protection of a prospective purchaser/transferee of his possession is available subject to the following prerequisites, (i) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Plaintiff was neither in actual physical possession of suit land on the date when parties entered into agreement nor was in a position to deliver it to defendant - Defendant was only in part of possession of suit land and not in actual possession of suit land under agreement - He..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Defendant failed to discharge the burden of proving readiness and willingness on his part to perform the contract by making payment of balance amount of consideration either on the date agreed for execution of sale deed or thereafter till filing of suit - Provision of S.53-A of the Act..........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - A purchaser of immovable property who has been put into possession of property pursuant to agreement for sale is entitled to seek protection in respect of his possession in that capacity only if the agreement is sufficiently stamped and registered...........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - Landlord tenant relationship - Suit for possession, damages and mesne profits - No interest in immovable property can be claimed or transferred on the strength of an unregistered document - Moreso, there is nowhere provided that possession has been delivered to tenant in part..........
Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Agreement to sell executed after amendment of S.53-A Transfer of Property Act - After amendment, an agreement to sell can be relied upon for purpose of protection u/s 53-A of Transfer of Property Act, as per doctrine of part performance only if that agreement to sell is registered - No..........
Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 53A -- Agreement of sale - Cannot be taken as evidence for want of stamp duty and registration - However, it can be relied upon for collateral purposes such as proving of delivery of possession and status of plaintiff i.e. his possession is lawful or unlawful...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2, Transfer of Property Act, 1882, Section 53A -- Pleadings - Ground of previous recovery suit and part performance, were not pleaded by appellants-defendants in written statement - Held, if plea of S.53A of T.P. Act has been raised in ground of appeal, that will not cure defect and..........
Transfer of Property Act, 1882, Section 107, 53A -- Termination of tenancy - No denial of fact that period of tenancy, by taking from any angle has already expired before filing of suit - Protection u/S.53A of Act shall only available during subsistence of contract...........
