Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Sale deed must contain a stipulation regarding re-purchase of property - If stipulation regarding re-purchase of property on payment of mortgage money is not embodied in sale deed itself, it will not be a mortgage by conditional sale - Even if condition of reconveyance is by way of separate..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possessor in part performance of property will not get any right of alienation or title or ownership over property - Property will remain outside purview of provisions dealing with transfer of title and ownership either by way of sale, mortgage, gift or settlement - Provision governing devolution of right by..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Relief claimed by plaintiff in subsequent suit was not claimed in earlier suit for redemption of mortgage, which could always be sought in earlier suit - Subsequent suit is barred by O.2.R.2 CPC...........
Agreement to sell -- Specific performance - Readiness and willingness - Suit property was mortgaged to education department and was redeemed by defendant later on and intimation for the same was given to plaintiff - Merely because plaintiff may not have been satisfied by intimation given by defendant regarding release of property from mortgage, it cannot be construed as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - It is specific case of tenant that shop in question was mortgaged by landlord with mortgagee - Mortgage deed executed by landlord in favour of mortgagee has been duly admitted by landlord - Tenant is not proved to be in possession of shop let out to him and relationship of..........
Indian Penal Code, 1860, Section 420 -- Cheating - Transfer of property - Defect in title - There is difference between mere concealment or non disclosure and a false representation - There is no legal duty for vendor of immovable property to disclose any charge or encumbrance, yet, if a false representation is made and acted upon, and as a result, money passed, then tough..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Valuation of property, transaction value, along with duration of time for re-conveyance are important considerations to decide the nature of agreement as to whether an agreement is a mortgage by conditional sale or sale with an option to repurchase...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond - Debtor creditor..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111 -- Secured asset - Lawful possession - Where Chief Metropolitan Magistrate/District Magistrate is satisfied that a valid lease is created before the mortgage and the lease has not been determined in..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
