Transfer of Property Act, 1882, Section 41 -- Purchasers pendente lite - Once it is proved that purchase of property was during the pendency of suit then transaction is hit by rule of lis pendens - Thereafter, question of their bona fide purchaser and protection u/s 41 of the Act does not arise at all...........
Registration Act, 1908, Section 32 -- Registration - Serious question of fraud and manipulation involving transfer of immovable property from its owner to another - Cannot be decided in summary proceedings - Proper remedy is a Civil suit for declaration and specific performance...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Suit for declaration that gift deed was illegal, null and void - Suit filed within eight days of execution of gift deed after lodging FIR - Marginal witnesses examined by donee not present when gift deed was scribed - Donee taking active role in preparation of gift deed - Plaintiff an illiterate person residing..........
Delhi Rent Control Act, 1958, Section 3,50, Transfer of Property Act, 1882, Section 108,109,111 -- Six portions of one property rented out to same tenant at different occasions - Each tenancy commenced at different rates of rent - Rent of all portions paid by one cheque - Held, it will be considered as a single tenancy - Single suit for eviction is maintainable...........
Transfer of Property act, 1882, Section 52 -- Lis pendens - Transfer made during pendency of litigation, which culminated into a decree by way of compromise - Suit was contested by both parties in which plaintiff had lost before Trial Court as well as First Appellate court and matter was compromised at stage of Regular Second Appeal - Held, only exception with regard to..........
Transfer of Property Act, 1882, Section 53A -- Part performance - When all conditions of provision of S.53-A TPA are satisfied, the possession of the person must be protected by the court whether he comes as a plaintiff or defendant - The only embargo is that S.53-A cannot be taken in aid by the transferee to establish his right as owner of the property - But the..........
Civil Procedure Code, 1908, Order 12, Rule 6, Transfer of Property Act, 1882, Section 106 -- Eviction proceedings - Existence of arrears of rent - Admission - Held, admission even if made as to the existence of arrears of rent, cannot be treated as the one of a fact, which has a bearing on adjudication of suit for Eviction - Admission of such a fact is same as admission as..........
Transfer of Property Act, 1882, Section 105, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Test of exclusive possession of suit property is a relevant criterion for determining as to whether the document has created a lease or a license - However, it is not the sole factor...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Application for grant of succession certificate - Other suit between parties pending at another place - Application for grant of succession certificate transferred to that Court...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31 -- Civil suit for recovery of amount less than 10 lacs filed by plaintiff bank and decreed against defendants - First appeal filed by defendant dismissed by District Judge - In regular Second Appeal, it was contended that first appeal against judgment and decree of trial court could be..........
