Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser - Basic law is 'buyer beware' - Joint Property partitioned by metes and bounds between co-sharers - Partition entered in revenue record - Value of land and khasra number also mentioned - Land in dispute allotted to plaintiff - Held, in such circumstances vendors of plaintiff have no right to alienate the..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Does not arrest running period of limitation...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Construction raised during pendency of suit - Such construction is hit by doctrine of lis pendens and it does not effect the rights of the decree holder...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Construction by Judgment Debtor on land in dispute during pendency of suit - Construction not to effect the rights of decree holder - Construction do not confer any legal and equitable right in favour of judgment debtor - Construction raised during of pendency of suit hit by doctrine of lis pendens...........
Transfer of Property Act, 1882, Section 108 -- Tenanted building when destroyed by natural calamities, the tenancy comes to an end - If the building is demolished by the landlord then the tenancy continues and the tenant is permitted to reconstruct and reoccupy but where the building itself is demolished by the tenant, without landlord's consent, his existence on the..........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Mortgagee having a right of preemption in case mortgagor wishes to transfer the property to a third party - Held, such a condition operates as a clog on the right of redemption of the mortgagor...........
Transfer of Property Act, 1882, Section 60 -- Mortgage of property to tenant - Clause in mortgage deed that on redemption of the mortgage the mortgagee will become the lessee of the mortgagor automatically as previous to the mortgage - Mortgagor has no right to possession automatically on redemption of mortgage as on redemption of mortgage, mortgagee becomes the lessee of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Plaintiff failed to take any steps to get the sale deed registered in his favour - Held, plaintiff is not entitled for protection u/s 53-A of the Act...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer of property during pendency of suit - Transfer of immovable property is not prohibited during pendency of a dispute - Only thing is that the transferee gets the right, title and interest of the transferee, if its vendor succeeds in the litigation...........
Transfer of Property Act, 1882, Section 106 -- Notice to quit - Notice is required to be given to tenants only and not to sub-tenants...........
