Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Sale deed in question was executed only as a security for loan - Plaintiff never intended to sell the property to defendants as per sale deed and agreement - Sale deed also not indicating it to be mortgage by conditional sale as per S.58(e) of T.P.Act - It is specifically mentioned in the..........
Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Inadequacy of sale consideration stated in sale deed indicates that plaintiff not intended to sell the property to defendants - Sale deed in question held, rightly declared to be mortgage as a security for repayment of loan taken by plaintiff...........
Joint property -- Possession of one is possession of all in law in joint property, even if person is not in actual possession unless exclusion or ouster is pleaded...........
Joint property -- Possession - Ouster or exclusion cannot be inferred by picking up certain sentences or expressions from plaint...........
Suit for possession -- Plaintiff and defendant both claiming to be tenants and paying rent - Rent receipts show that plaintiff was allotted land in khasra No.270 whereas defendant was allotted land in khasra No.267 - Concurrent finding of courts below that defendant is in possession and allotted different land in khasra No.267 and he has no right to claim the suit property..........
Registration Act, 1908, Section 17 -- Family settlement - Compulsory registration - When a document is compulsorily registrable, but same is unregistered, then same will be inadmissible in evidence and will not convey any right, title or interest in the suit property in favour of the plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of plaint - Suit for specific performance - Defendant No.1 agreed to sell suit property to plaintiff for consideration - Plaintiff averred that he was informed by defendant No.1 that he has entered into developers agreement with defendant No.2 for developing suit property and has paid sum of Rs.60 lakhs -..........
Rent and Eviction -- Once tenancy is created either orally or in writing with respect to a land or building then it is always subject to relevant provisions of Transfer of Property Act or State Rent Acts - Ss.105 to 111 of Transfer of Property Act provide certain safeguards, create some statutory rights, obligations, duties whereas State Rent Acts, inter alia, specify..........
Evidence Act, 1872, Section 116 -- Derivative title of an Assignee/Vendee - Tenant is estopped from challenging title of landlord during continuation of tenancy - However, tenant/lessee is entitled to challenge the derivative title of an Assignee/vendee of original landlord in an eviction brought by assignee/vendee against tenant for his eviction from demised property..........
Rent and Eviction -- Derivative title - Relationship of landlord and tenant - Once Assignee/Vendee proves his title to the property, original tenancy devolves on the Assignee/Vendee and tenant/lessee by operation of law on the same terms and conditions on which it was entered into with the original landlord/lessor and continues till either modified by the parties or is..........
