Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or license - No lease nor any rent deed - It is nothing more than a license, which means to give a license or permit a person to occupy when the land owner allows to do work or perform an act on the land owner's property...........
Transfer of Property Act, 1882, Section 52 -- Bona fide purchaser - Principle of lis pendens - Applicability - Held, issue of bona fide purchaser to plead does not arise when transaction was during pendency of suit filed against their vendors - Principle of lis pendens u/s 52 of the Transfer of Property Act will out-weigh considerations of bona fide...........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Purchaser pendente lite - Rights of purchaser pendente lite get vanished/dismissed in the event of plaintiff getting a decree for specific performance - In the instant case plaintiff has been non suited as such purchase made by second defendant is not affected by lis pendens...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - A pendente lite purchaser's application for impleadment should normally be allowed or considered liberally...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Restraining alienation of land - Held, any further alienation would be subject to S.52 of Transfer of Property Act - Injunction rightly refused...........
Transfer of Property Act, 1882, Section 52 -- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to hand over possession - Said..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -..........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - A person who obtains possession of suit property during pendency of suit cannot maintain an application U.O.21.R.97 CPC and such transfer is hit by doctrine of lis pendens u/s 52 of TPA...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Held, any alienation of suit land during pendency of suit would be hit by doctrine of lis pendens and would not cause any prejudice, much less loss or injury to plaintiff...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Undertaking in first appeal not to transfer suit property till the matter attained finality - Matter will not attain finality merely because of disposal of first appeal but would continue till decree was satisfied - Transfer of property prior to discharge of decree is hit by S.52 of the Act...........
