Transfer of Property Act, 1882, Section 54 -- Sale deed - Intention of person who contributed purchase money has to be decided on basis of surrounding circumstances, relationship of parties, motives governing their action in bringing about the transaction and their subsequent conduct etc...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - In order to attract S.52 of the Act, right in immovable property which is subject matter of transfer, needs to be directly and specifically in question...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Property transferred in favour of petitioner is different from subject property - Transfer in favour of petitioner can be held to be hit by doctrine of lis pendens only in case DHs found favour from the Court in their application U.O.38.R.5 CPC i.e attachment before judgment - Question of transfer of..........
Transfer of Property Act, 1882, Section 107 -- Lease deed - Unregistered - Lease for a term exceeding one year can be made only by a registered instrument - Agreement in question being unregistered lease deed cannot be looked into as per S.107 of the Act and cannot be said that perpetual lease was created by that document. ( Para 6)..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Area on which the suit shop room situates is under the panchayat area - Although defendant claims that suit premises is governed by provision of West Bengal Premises Tenancy Act by extended notification issued by State Government but no such notification was filed before the Court - However, plaintiff filed..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Validity - Notice of ejectment was sent by plaintiff by registered post with A/D asking the defendant to quit and vacate the suit premises - Notice was received by defendant by putting his signature on the A/D card - Notice is valid...........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of a prospective purchaser/transferee of his possession of the property involved, is available subject to following prerequisites: (i) There is a contract in writing by transferor for transfer for consideration of any immovable property signed by him or on his behalf, from which the terms..........
Transfer of Property Act, 1882, Section 53A -- Part performance - S.53-A of the Act is an exception to the provisions which require a contract to be in writing and registered and which bar proof of such contract by any other evidence - Consequently, the exception must be strictly construed...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Property auctioned due to non payment of borrowed amount - Right of redemption ceases after property was registered in favour of auction purchaser...........
