Civil Procedure Code, 1908, Order 20, Rule 18 -- `Present possession of parties shall be respected as far as possible' - Means person in possession should be allowed to retain it by equalization of share - It does not mean that a person out of possession of all immovable properties should not be allowed any part of the immovable property whatsoever...........
Constitution of India, 1950, Article 226, Registration Act, 1908, Section 71 -- Writ petition - Declaratory relief in regard to immovable property where such grant involves disputed question of fact which cannot be satisfactorily decided in writ petition cannot be granted - Document registered whether sale deed or mortgage deed cannot be decided in writ petition...........
Banking service -- Complainant's mother took loan against mortgage of immovable property - Documents handed over to the opponent bank in security of such loan - Loan amount paid up - Prayer for return of the documents declined by opponent bank on the ground that complainant's mother stood surety for another borrower - Complainant's mother was not the principal debtor in..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 118 -- Exchange of immovable property of more than Rs.100/- requires registration...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 118, Evidence Act, 1872, Section 91 -- Exchange - Oral exchange of immovable property of more than Rs.100/- is not permissible in view of amendment of S.49 Registration Act - Document which is required to be registered necessarily under the Transfer of Property Act but not under the..........
Civil Procedure Code, 1908, Order 21, Rule 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 -- Execution - Sale - Is to be in accordance with prescribed procedure - Court is bound to follow the said mandatory procedure and in no case, except where the J.D. himself gives consent, Court can dispense with or by pass the prescribed..........
Transfer of Property Act, 1882, Section 53A -- Defence of part performance - Must satisfy four conditions - (1) that transferor had contracted to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer could be ascertained with reasonable certainty, (2) that transferee had in part..........
Transfer of Property Act, 1882, Section 53A -- Part performance - To avail the benefit of the provision it must be shown that there is an agreement to transfer of immovable property for consideration and the contract is evidenced by a writing signed by the person sought to be bound by it and from which the terms necessary to constitute the transfer can be ascertained with..........
Agreement to sell -- Suit for specific performance - Time when essence of contract - (1993) 1 SCC 519 followed wherein held that in case of sale of immovable property, time is never regarded as the essence of the contract - In fact, there is a presumption against time being the essence of the contract - It has to be ascertained from the agreement whether the parties named..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for specific performance barred by limitation - Even then plea in defence of part performance is available in a suit for recovery of possession if the necessary conditions are fulfilled viz (i) (1) there must be a contract to transfer for consideration any immovable property; (2) the contract must be in..........
