Transfer of Property Act, 1882, Section 51, 52 -- Transferee pendente lite - Decree for specific performance - Compensation for improvements made by transferee - In appropriate cases there is no bar for giving the benefit u/s 51 of the Act even in cases covered by S.52 if all the conditions u/s 51 are satisfied - In the instant case appellant was ignorant about the entire..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Decree for specific performance - Pendente lite transferee is bound by the decree even if he has no notice of pendency of litigation - Fact that suit was decreed on the basis of consent is not a bar for the applicability of the doctrine of lis pendens unless there is proof of collusion against such transferee..........
Transfer of Property Act, 1882, Section 53A -- Benefit of the provision of S.53-A of TPA is available only when the contract for transfer of immovable property is in writing signed by the concerned parties...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Defendant No.3 purchased suit during pendency of suit after inquiry from defendant No.1 and having satisfied that no prior agreement of sale is subsisting between defendant No.1 and plaintiff or with any other person - Held, doctrine of lis pendens is not applicable...........
Transfer of Property Act, 1882, Section 41 -- Protected alienation - Loan taken from bank - Original documents of property deposited as security - Subsequent sale of said property - Suit for recovery filed - Vendee claiming protection u/s 41 - No proper, due and bona fide enquiry made before the purchase qua the lose of original title deeds - Recital in the sale deed..........
Transfer of Property Act, 1882, Section 41 -- Ostensible owner - Equitable Doctrine of Estoppel - Section 41 of the Act embodies an exception to the general principle of law that no man can transfer to another right or title better than what he himself possesses - Exception is a form of Equitable Doctrine of Estoppel - To attract rule of estoppel it must be shown that (i)..........
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61 -- Usufructuary mortagage - Right of redemption - Rule against clog on equity of redemption - A mortagage is always redeemable - Mortagagors right of redemption cannot be taken away or limited by any contract between the parties - No period of limitation to redeem the usufructurary mortagage..........
Transfer of Property Act, 1882, Section 106 -- Notice - Not to be scrutinized by hair splitting precision - It is not a pleading but a mere communication of the intention to the recipient...........
Transfer of Property Act, 1882, Section 106, 116 -- Contractual tenancy - Expiry by efflux of time - Eviction petition filed immediately on expiry of tenancy period - Tenant cannot claim to be holding over...........
Transfer of Property Act, 1882, Section 116, 111, 105 -- Acceptance of rent by landlord after lease has been determined either by efflux of time or by notice to quit - Does not create a tenancy so as to confer the erstwhile tenant the status of a tenant or a right to be in possession...........
