Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Period mentioned falling short of the prescribed period - Suit filed after expiry of period mentioned in the provision - Notice not invalid...........
Transfer of Property Act, 1882, Section 106 -- Notice - A quit notice must be construed not with a desire to find faults in it, but it must be construed in a common sense way...........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser for consideration - Requirements - Agreement to sell - Before the date fixed for execution of sale deed, property sold by vendor to subsequent vendee - Suit for specific performance by original vendee - In the written statement by subsequent vendee vague plea taken to the effect that he was not having..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Doctrine of - Not applicable in the case where the person who is put in possession of the suit property is not the proposed transferee but is a person who claims that the property is already transferred in his favour...........
Transfer of Property Act, 1882, Section 58 -- Conditional mortgage - Redemption - It is an equitable right - A mortgagee, who is enjoying the possession of the suit property, is not entitled to defeat that right except in due manner...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 53A -- Suit for permanent injunction - Possession delivered in pursuance of agreement to sell - Suit is not maintainable in absence of relief prayed for specific performance of agreement...........
Transfer of Property Act, 1882, Section 106 -- Notice - Mere acceptance of rent by landlord subsequent to issuance of legal notice u/s 106 of the Act does not amount to waiver of termination notice...........
Transfer of Property Act, 1882, Section 108 -- Lease - Unless there is a contract between the lessor and the lessee prohibiting transfer, a lessee is entitled to transfer his leasehold interest (including an interest as a monthly tenant) either absolutely or partially...........
Transfer of Property Act, 1882, Section 105 -- Lease - Duration - To decide the duration of the lease, the deed has to be read as a whole...........
Transfer of Property Act, 1882, Section 105 -- Lease - Deed not specifying any duration - Lessee permitted to hold the land forever subject to the right of lessor to resume land by giving one month's notice - Lessor could resume the land by giving a month's notice, unconditional at the absolute will and discretion of the lessor, whenever he desired - These terms indicate..........
