Housing -- Junior HIG House - Advertisement - Estoppel - The scheme provided the purchaser would be required to get the sale registered of the plot only and not that of the superstructure - Notification of the State Government under Indian Stamp Act providing for that there is no exemption/reduction in stamp duty in case of HIG houses - Held that any advertisement issued..........
Registration Act, 1908, Section 17(1)(b) -- Change of status from mortgagee to that of a lessee - Deed of mortgage registered - Change of relationship from mortgagee to that of a lessee can only be by way of a registered document - Mortgagee cannot become lessee by unregistered lease deed...........
Transfer of Property Act, 1882, Section 106, 107 -- Tenant by holding over - Original lease was executed for a period of 5 years - There was clause for renewal of lease after its expiry - Tenant not exercised the right of renewal - Held, that since the lease was for a period exceeding one year it could only have been extended by a registered document to be executed by both..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession - Right to hold property was on strength of lease deed for a period of 99 years which was duly registered - Registered document carries evidentiary value - Grant of injunction, held, not illegal...........
Specific Relief Act, 1963, Section 9, 10 -- Agreement to sell - Restriction on transfer - Effect on validity of agreement and decree for specific performance of the contract - D.D.A. released big plot in favour of Cooperatives house building society - Society granted sub-lease on favour of its members - One of the member (vendor) entered into agreement to sell his plot -..........
Registration Act, 1908, Section 17 -- Compromise decree - Registration - All decrees and orders of Court including a compromise decree subject to the exception as regards properties that are outside the subject matter of suit do not require registration - However, there is no exemption or exclusion in respect of a decree which brings about a gift of immovable property or..........
Evidence Act, 1872, Section 65(f) -- Secondary evidence of public document - Registered lease deed lost and untraceable - Lease deed is public document - Secondary evidence can be given in respect of contents thereof by proving entry in register of Registration Office and/or certified copy of entry of lease deed in such register can be proved...........
Transfer of Property Act, 1882, Section 107 -- Lease - Can be by oral agreement followed by delivery of possession except a lease from year to year or for any term exceeding one year, or reserving a yearly rent, which can be made only by registered instrument...........
Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Suit land in possession of proposed vendee as lessee - Vendor sold land to other person - Suit for specific performance by 1st vendee - Plea of bonafide purchaser for consideration - Agreement and consideration duly proved by plaintiff - Lease registered & incorporated in revenue records - Subsequent..........
Agreement to sell -- Suit for specific performance - Decree for payment of double the amount of earnest money - Relief of specific performance declined on the ground that plaintiff failed to prove ownership of defendant - Averment in plaint as to ownership of defendant and same proved by registered lease deed in favour of defendant - Held, it is not mandatory for Court to..........
