Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser lis pendence without leave of the Court - Not a bonafide purchaser - Has no locus standi to file an application for setting aside the order and to become a party in the appeal as by that time, not only the appeal was..........
Transfer of Property Act, 1882, Section 54 -- Sale - Right of the parties matured by way of Civil suit - Property in question was sold by the real owner by way of sale deed - There was no occasion to file the suit on the basis of family settlement as the party to the settlement has not lawful right over that property - View taken by the High Court correct - Suit rightly..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16(c) -- Part performance - Agreement to sell with tenant - Tenant put into possession u/s 53-A - Held, that since tenant was not ready to perform his part of contract he is not entitled to protection u/s 53-A of TPA - Readiness and willingness is not only the requirement of S.16(c) of Specific..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Adverse possession - Agreement to sell - Agreement holder cannot become the owner by adverse possession - In order to protect possession u/s 53-A TPA agreement holder, right from the date of agreement must show his readiness and willingness to perform his part of contract - A person who is not ready and..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell with tenant - Tenant put into possession of property u/s 53-A TPA - Tenant claiming right of ownership by adverse possession - Owner sold the property to plaintiff - Tenant not entitled to protection u/s 53-A TPA and could not retain the possession of property - It is the plaintiff who is..........
Transfer of Property Act, 1882, Section 58(c) -- Condition of reconveyance embodied in document itself - It has to be regarded as mortgage...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - By deposit of title deeds - Allotment letter - Whether it creates an assignable right? - Question requires consideration by a larger bench so that an authoritative pronouncement can be made thereupon...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - It is one thing to say that a person cannot convey any title, which he himself does not possess; but it is another thing to say that no mortgage can be created unless he obtains a title by reason of a registered conveyance...........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage - Requisites of an equitable mortgage are: (i) a debt; (ii) a deposit of title deeds; and (iii) an intention that the deeds shall be security for the debt...........
Civil Procedure Code, 1908, Order 32, Rule 15, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Sale deed executed by a person of unsound mind at throw away price - Sale deed quashed...........
