Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent/bonafide purchaser - Denial of having no notice of previous agreement - Discharge of onus - Shifting of burden - Depends on facts and circumstances of each case - No hard and fast rules can be laid down - In some case, even mere denial by subsequent..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bonafide purchaser - Court empowered to grant specific performance against transferee of the property - Exception - Where the subsequent transferee has paid money in good faith without notice of original contract...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Vendor executed another sale deed - Suit for specific performance by first vendee - Second vendee closely related to vendor - Provision of Section 19(b) not attracted - Cannot be said that transferee had no notice of the earlier contract...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Period mentioned falling short of the prescribed period - Suit filed after expiry of period mentioned in the provision - Notice not invalid...........
Transfer of Property Act, 1882, Section 106 -- Notice - A quit notice must be construed not with a desire to find faults in it, but it must be construed in a common sense way...........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser for consideration - Requirements - Agreement to sell - Before the date fixed for execution of sale deed, property sold by vendor to subsequent vendee - Suit for specific performance by original vendee - In the written statement by subsequent vendee vague plea taken to the effect that he was not having..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Doctrine of - Not applicable in the case where the person who is put in possession of the suit property is not the proposed transferee but is a person who claims that the property is already transferred in his favour...........
Transfer of Property Act, 1882, Section 58 -- Conditional mortgage - Redemption - It is an equitable right - A mortgagee, who is enjoying the possession of the suit property, is not entitled to defeat that right except in due manner...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 53A -- Suit for permanent injunction - Possession delivered in pursuance of agreement to sell - Suit is not maintainable in absence of relief prayed for specific performance of agreement...........
