Registration Act, 1908, Section 49 -- Partition deed - Not registered - Parties not willing to rely upon that document for any collateral purpose - Question of considering admissibility of document under S.49 does not arise...........
Transfer of Property Act, 1882, Section 53A, 60 -- In granting relief under Section 53-A of the T.P. Act the question whether a contract is specifically enforceable or not has no bearing at all - Sections 10 and 12 of the Specific Relief Act are quite distinct from Section 53-A of the T.P. Act which applies even when the specific performance of a contract is barred or the..........
Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Reference to oral exchange by delivery of possession of immovable property which had already taken place - No right in immovable property for the first time created by the decree - Decree does not require compulsory registration...........
Societies Registration Act, 1860, Section 1, 20 -- Society for religious purposes - Permissible - Words `charitable purposes' used in preamble and Ss.1 and 20 includes religious purposes - Society for religious purposes would ordinarily be a society for charitable purposes...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Scope - The provision is principally for the protection of ignorant transferees who take possession or spend money in improvements relying on documents which are ineffective as transfers or on contracts which cannot be proved for want of registration - Effect of S.53-A is to relax the strict provisions of..........
Registration Act, 1908, Section 17(1)(d), 49, Transfer of Property Act, 1882, Section 53A -- Lease - Part performance - Lease for a period of 10 years - Lease deed not registered - Valid lease not created - However, by virtue of S.49 of Registration Act unregistered lease deed can be received in evidence of part performance of contract for purpose of S.53-A of Transfer of..........
Transfer of Property Act, 1882, Section 53A, 107, Registration Act, 1908, Section 17(1)(d), 49 -- Lease for 10 years - Possession handed over to lessee - Lease deed not registered - Lease agreement is admissible under S.49 of Registration Act as evidence of part performance and lessee is entitled to his possession on the basis of equitable doctrine of part performance..........
Transfer of Property Act, Section 53A -- Effect of non - extending of provisions - Defendant entitled to benefit of doctrine of part performance though provisions of Section 53 - A not extended to States of Punjab and Haryana - Full Bench in Milkha Singh's case AIR 1947 Lahore 1 held that Section 53 - A is based on equitable principles and even though Section 53 - A not..........
Transfer of Property Act, Section 53A 107 -- Unregistered lease - deed which is compulsorily registrable - Can be received by virtue of proviso to Section 49 Registration Act as evidence of part performance of contract for purposes of Section 53 - A - Such deed can be looked at to see the nature and character of possession - Necessary that there should be a writing..........
Transfer of Property Act, Section 53A -- Suit for ejectment of defendant from property in dispute and also for recovery of lease - money with interest - Defendant came in possession of property in furtherance of agreement - Plea that agreement being lease of immovable property for a term exceeding one year required compulsory registration and being not registered is..........