Transfer of Property Act, 1882, Section 106, 116 -- Whether fresh lease deed is required to be executed after expiry of initial period of lease when the lease deed contains a clause for extention of lease at the option of lessee. Held - No. Lalji Tandon's case, AIR 2004 SCC 32 relied...........
Transfer of Property Act, 1882, Section 106, 116 -- Simplicitor extention of lease period - Original lease period expired - Clause in the lease deed for extension of lease - Fresh lease deed not required to be executed, if there is not change in the terms and conditions of the principal lease deed. Lalji Tandon's case, AIR 2004 SCC 32 relied...........
Transfer of Property Act, 1882, Section 106 -- Suit pending when amendment to the provision of S.106 of the Act came into force - Held, it is the amended provision which is applicable...........
Civil Procedure Code, 1908, Order 23, Rule 3, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance of an oral agreement to sell by first vendee - Another suit for specific performance of an oral agreement to sell by second vendee against some vendor - First vendee impleaded as party in suit filed by second vendee - Compromise by vendor with second..........
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 49 -- Part performance - Agreement to sell - Possession delivered in pursuance of agreement to sell and this fact incorporated in agreement - Execution of agreement not denied - Agreement unregistered - Held, once the document is not in dispute the same can be used as evidence of possession - It..........
Transfer of Property Act, 1882, Section 53A -- Unregistered agreement - Transferee entitled to protection under the Act...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for pre-emption - Doctrine of lis pendens applies to a suit for pre-emption - Doctrine of lis pendens does not allow the litigating parties pending the litigation to transfer their rights in the property in dispute so as to defeat or prejudice the right of the pre-emptor...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis-pendens - Forbids creation of new rights over the property, which already is the subject matter of suit and is directed to injure the rights of the claimants...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Doctrine of lis-pendens applies to suit for pre-emption - Doctrine does not allow the litigating parties, pending litigation, to transfer their rights in the property in dispute so as to defeat or prejudice the right of pre-emptor...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Any transaction or transfer by way of sale, collusive decree etc. taking place during the pendancy of the suit of the pre-emptor to pre-empt the sale - Doctrine of lis-pendens apply - Right of pre-emptor being superior right, cannot not be defeated or pre-judiced - Suit of pre-emptor..........
