Transfer of Property Act, 1882, Section 55 -- Non existence of independent passage to the unit - Passage mentioned in revenue record not fit for movement of vehicles - Failure to produce to the buyer the entire documentation as required by S.55(1)(b) of the Act - Non disclosure of all these facts to the buyer - Held, it was incumbent upon the seller to disclose to the..........
Transfer of Property Act, 1882, Section 55 -- Sale of property by Official Liquidator and sale of property by an individual is altogether different - Official liquidator cannot and does not hold any guarantee or warrant in respect of the property sold - Official liquidator proceeds on the basis of what the records of the company in liquidation show - In that event it is..........
State Financial Corporations Act, 1951, Section 29, Transfer of Property Act, 1882, Section 54, 55 -- Auction purchaser of a unit - S.29 of Financial Corporation Act is not applicable - S.29 pertains to action which the Corporation can take against the Unit which had defaulted in payment of loan - In such circumstances Corporation has the power to sell the property that..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 20, Rule 9 -- Newly constructed building - Rent Act not applicable - Civil suit for eviction - Notice to quit u/s 106 TPA not required - Filing of an eviction suit under general law itself is a notice to quit of a tenant...........
Transfer of Property Act, 1882, Section 58(b), 60, Limitation Act, 1963, Article 61(b), 63(b) -- Simple mortgage - Suit for possession - Limitation - Right of mortgagee does not start to run with ending of mortgagor's right to sue for redemption - Time begins to run with starting of mortgagees right under Transfer of Property act...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it..........
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 53, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Contention of fraudulent transfer/s 53 TPA in a claim for property attached before judgment is not hit by S.11 Expln.IV when such claim is allowed on the ground of transfer having taken place before order of..........
Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 116 -- Lease of land by owner - Lessee admitting lease - Lessee estopped from denying title of owner - Lessee denying title - Tenancy stood automatically terminated...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Plaintiff putting his lock at the shop - Does not amount to creation of lease when intention of the parties, nature of the property and the purpose of induction of the plaintiff show creation of licence alone...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Substance has to be preferred than the form of the document in ascertaining whether a document is lease or licence - Shop was given for the benefit of employees which does not create any interest in the property - Right to use of shop was given for the need of the employees -..........
