Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Plea can be taken only in defence, as it is a sword and not a shield...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell is not in the nature of part performance of contract to sell the suit property - Possession of property was with the purchaser as tenant of property - Effect of continued possession is that said purchaser is entitled to hold property without any rent or user charges as entire consideration..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - A plea of part performance in the absence of a registered document, cannot be taken...........
Transfer of Property Act, 1882, Section 53A, 108 -- Agreement to sell by landlord with tenant - Part performance - An agreement to sell by landlord to sell the premises let out to the tenant does not, in the absence of landlord having put the tenant into possession of the property in part performance of the agreement to sell, prevent the landlord from suing the tenant from..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Registration - There is no plea of part performance making out a case of protection of possession by plaintiff - There is only a prayer for delivery of possession and evidently, there is no resort to S.53-A of T.P. Act - If only a plea is made u/s 53-A of T.P. Act,..........
Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Suit for specific performance - Prayer for possession also made in the suit - Plaintiff can be permitted to rely upon the agreement to sell by duly exhibiting the same - Held, refusal to exhibit the agreement on the ground..........
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A), 49 -- Part performance - Effect of amendments made to S.53-A TPA and Ss.17, 49 Registration Act - After 24.9.2001, if any person takes possession or continues in possession of a property in pursuance of a contract to transfer for consideration in writing, which though required to be..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possession under oral agreement to sell - Possession of a person is protected u/s 53-A only if possession is delivered under a written agreement to sell and not when possession is delivered under an oral agreement to sell...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possession in pursuance of agreement to sell - Appellant cannot retain possession by invoking S.53-A TPA as he failed to take any step in furtherance of the performance of the impugned contract - Moreover, there is no averment in written statement to the effect that he was ready and willing and is still..........
