Wakf Act, 1954, Section 56, Transfer of Property Act, 1882, Section 106(3) -- - Courts can grant lesser relief than claimed, in the facts and circumstances of the case - In suit for possession along with structure, appellate court decreed suit for possession, directing defendants to hand over possession of the plots leased, after removing the malba which belong to the..........
Transfer of Property Act, 1882, Section 106 -- Property in possession of tenant - Suit for possession - Owner of the property is always the landlord, even if he fails to prove the relationship of landlord and tenant between the parties - Owner after issuing valid notice u/s 106 PTA can always seek possession from the person in occupation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a transferee pendente lite - Suit for permanent injunction - Defendant alienated property during pendency of suit - Held, purchaser of suit property from the defendant is necessary party because rights of the purchaser would be effected by adjudication of the suit -..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 108 -- Lease of property of more than one year - Deed requires registration but not registered - Lease deed stipulated that tenant is not entitled to do any work upon property - Landlord failed to carry out repairs despite notice - Held, tenant is entitled to carry out repairs - A term under an..........
Transfer of Property Act, 1882, Section 108 -- Unregistered lease deed for more than one year - Provision of TP Act are still attracted to supply the implied covenants of lease and they could be only substituted by specific terms in the lease deed to the contrary - A terms in a lease deed which is required to be registered could be used to displace an implied covenant of..........
Transfer of Property Act, 1882, Section 48 -- Sale deed - Two sale deeds by the same vendor - S.48 of the Act ordains to accept supremacy of the former sale deed in all the terms than the later - Transferor cannot prejudice the rights of transferee by any subsequent dealing with the property...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Mere verification of municipal record to ascertain title of the transferor by itself is not sufficient - Municipal record is necessarily for the purpose of collecting property taxes - Transferee should make due search in registration index...........
Transfer of Property Act, 1882, Section 53A -- Part performance - A person invoking protection of Section 53-A of the Act has to prove that he was willing to perform his part of contract...........
Transfer of Property Act, 1882, Section 111(d) -- Lease - Joint tenancy of two persons - Purchase of property by one of them - Doctrine of merger attracted - No tenancy right remain with the other joint tenant...........
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 60 -- Res judicata - Second suit for redemption of mortgage - First suit dismissed U.O.17.R.3 CPC - Held, in the absence of extinguishment of right of redemption, second suit for redemption not barred and is not hit by principle of res judicata as in the previous suit right of redemption was..........
