Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - Mortgage period fixed as 10 years - Limitation period for redemption of mortgage is 30 years commencing from expiry of period of 10 years - Suit for possession by redemption of mortgage is not governed by Article 65 of Schedule to..........
Registration Act, 1908, Section 17, 49, East Punjab Urban Rent Restriction Act, 1949, Section 13, Transfer of Property Act, 1882, Section 107 -- Tenant paying rent @ Rs.400/- per month - Thereafter a rent deed executed wherein monthly rent enhanced to Rs.600/- per month with further stipulation of 5% increase every year - Held, such a deed amounts to grant of lease for..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Execution - Proof - Plaintiff denied execution of gift deed dubbing it as result of fraud - None of the attesting witnesses examined to prove execution - Mere admission of signatures on the document does not amount to admission of execution of a document - Gift deed thus not proved...........
Transfer of Property Act, 1882, Section 122 -- Gift - Suit for declaration of title and for permanent injunction to interdict defendants from interfering into peaceful possession of plaintiffs - Plaintiffs claimed that when they prevented other defendants, donee/municipality informed plaintiffs not to do so since suit property had been gifted to municipality by plaintiffs..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Challenge as to - Lack of consideration - Held, in case of lack of consideration, a stranger to the sale deed cannot challenge the sale on the ground that it is without consideration or a paper transaction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a), Transfer of Property Act, 1882, Section 105 -- Landlords filed ejectment petition alleging that they want to open big Departmental Store in all the six floors of the building - During pendency of petition, landlords gave whole ground floor to new concern namely M/s ESPRIT - Tenant contended that..........
Banking Regulation Act, 1949, Section 6(1)(a), Transfer of Property Act, 1882, Section 130, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Banking business - Includes recovery - Assignment of debt/NPA for recovery of such debt to Banking Company is valid transaction - Such transaction is not prohibited by..........
Transfer of Property Act, 1882, Section 3 -- Attestation - In relation to an instrument means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from..........
Transfer of Property Act, 1882, Section 60 -- Redemption of part of the property - On payment of part of mortgage debt, mortgagor is not entitled to redeem proportionate mortgage property - Integrity of mortgage cannot be permitted to be broken...........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is..........
