Hindu Law -- Agreement to sell - Manager entered into agreement for sale of Joint Family Property - Legal necessity not proved - No proof that creditor made bonafide enquiry as to legal necessity - Money taken by the Manager cannot be enforced against the legal representatives. (Specific Relief Act, 1963, Ss.10, 15)...........
Land Acquisition Act, 1894, Section 23, 4 -- Market value - Determination - Prices fetched for similar land with similar advantages & potentialities under bonafide transaction of sale - Relevant - As such cannot be ignored...........
Transfer of Property Act, 1882, Section 41, Specific Relief Act, 1963, Section 19(b) -- Bonafide purchaser for value without notice - Sale taking place after the filing of the suit and after passing of the ad-interim injunction - Cannot be held to be a bonafide purchaser...........
Will -- Secondary evidence - To be allowed after strict proof of the loss of document - Before allowing secondary evidence the court is required to decide whether there has been really a bonafide loss. (Evidence Act, 1872, S.65)..........
Transfer of Property Act, 1882, Section 41, Specific Relief Act, 1963, Section 19(b) -- Bonafide purchaser for value without notice - In order to take benefit of this doctrine it must be established that all enquiries were made that a reasonable prudent man is expected to make regarding the right, title and interest of the vendor in the property before the purchase...........
Rent and Eviction -- Bonafide requirement - Scope - need of the landlord should be genuine & honest conceived in good faith so as to be considered by Court reasonable to be gratified, having objective element of need - Court must take all relevant circumstances into consideration. (East Punjab Urban Rent Restriction Act, 1949, S.13)..........
Rent and Eviction -- Bonafide requirement - Is essentially a finding of fact (East Punjab Urban Rent Restriction Act, 1949, S.13)..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchaser for value without notice of other agreement - law protects the right of such purchaser...........
Rent and Eviction -- Tenant purchased property in his occupation inspite of the knowledge of agreement to sell between landlord and plaintiff - Not a bonafide purchaser without notice - Suit for specific performance decreed-possession of the portion over which the tenant is in occupation - His possession as a tenant cannot be disturbed except under the provisions of Rent..........
Specific Relief Act, 1963, Section 19 -- Subsequent purchaser - Bonafide purchaser without notice - Where the tenant had knowledge of agreement to sell bet-ween the landlord and plaintiff and yet purchased a portion of the property, he is not a bona fide purchaser without notice...........
