Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendence - Rest upon an equitable & just foundation that it will be impossible to bring an action or suit to a successful termination if a alienations are permitted to prevail - A transferee pendente lite is bound by the decree just as much as he was a party to suit - Principle of lispendens being a principle of..........
Transfer of Property Act, 1882, Section 52 -- Transfer Pendente lite - Principle underlying - A litigating party is exempted from taking notice of title acquired during the pendency of litigation - Mere pendency of a suit does not prevent one of the parties from dealing with the property constituting the subject matter of the suit - The section only postulates a condition..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser - Vendor had no title over suit property at the time of sale - Property already sold through registered sale deed in favour of third person - Plea of bonafide purchaser not available to vendee against third person...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Quit notice - Sent as per registered post acknowledgment due to correct address - Notice returned unserved with endorsement 'addressee absent continuously for seven days' - Notice is presumed to have been served - Burden shifts to party claiming non service to rebut presumption - In..........
Transfer of Property Act, 1882, Section 111(h), 106, Civil Procedure Code, 1908, Order 1, Rule 9 -- Eviction petition - Death of landlord - One of heirs to whom rent is paid and who receives the same on behalf of estate, is landlord - Suit for eviction filed by such landlord is maintainable without impleading other heirs who have no objection to suit...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for maintenance by creating a charge on the property - Alienation of property during pendency of such suit is affected by rule of lis pendens...........
Transfer of Property Act, 1882, Section 58, 60 -- Mortgage - Redemption - One of the co-mortgagor has a right to seek redemption of the entire land on payment of the entire mortgage amount...........
Transfer of Property Act, 1882, Section 105 -- Lease - Lessee having right to make construction and assign to third parties - Accordingly lessee make constructions and assigning to third parties - Decree of possession against lessees - Assignees not bound by decree - They acquired independent status...........
Transfer of Property Act, 1882, Section 59, 58, Registration Act, 1908, Section 17 -- Mortgage - By deposit of title deeds - Does not require registration - However, if contract is reduced into writing the same requires registration...........
Transfer of Property Act, 1882, Section 58, 59, Contract Act, 1872, Section 127 -- Mortgage - Consideration - Borrower failed to repay loan - Mortgaging property - Cannot be said that mortgage is without consideration - It is a case of creation of mortgage arising from forbearance to sue and, thus, cannot be said to be without consideration...........
