Transfer of Property Act, 1882, Section 53A -- Part performance - When all conditions of provision of S.53-A TPA are satisfied, the possession of the person must be protected by the court whether he comes as a plaintiff or defendant - The only embargo is that S.53-A cannot be taken in aid by the transferee to establish his right as owner of the property - But the..........
Transfer of Property Act, 1882, Section 105, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Test of exclusive possession of suit property is a relevant criterion for determining as to whether the document has created a lease or a license - However, it is not the sole factor...........
Transfer of Property Act, 1882, Section 105, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Plaintiff was carrying on business of cloth merchant - Business and premises given to defendant on a fixed monthly amount by clearly stating that plaintiff would not be responsible for any loss in the business and that overall control of business would be retained..........
Hindu Minority and Guardianship Act, 1956, Section 8, Evidence Act, 1872, Section 101, Transfer of Property Act, 1882, Section 54 -- Sale of minor's property - When a person after attaining majority, questions any sale of his property by his guardian during his minority, the burden lies on the person who upholds/asserts the purchase not only to show that the guardian had..........
Transfer of Property Act, 1882, Section 111(h) -- Notice - Mention of S.111(g) instead of S.111(h) in notice of termination of tenancy - Does not invalidate notice...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8, Transfer of Property Act, 1882, Section 53 -- Principle of natural justice and lis pendence - Pendency of surplus proceedings - During pendency of proceedings, appellants acquired title to property - Appellants contended that they were not given any opportunity of hearing before declaring land surplus - Contention..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease and license - Distinction - A lease is a transfer of an interest in land - The interest transferred is called the leasehold interest - The Lesser parts with his right to enjoy the property during the term of the lease, and it follows from it that the lessee gets that right to the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Party in possession of property under an agreement of sale has not only a right to defend his possession in an action brought by transferor or any person claiming under him but he can also institute a suit for injunction to protect his possession by invoking doctrine of part performance even though his..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 53A -- Subsequent purchaser - Right of a subsequent purchaser for consideration having no notice of earlier contract is not affected in an action brought by the person who was put in possession of property under an earlier written contract...........
Transfer of Property Act, 1882, Section 106 -- Notice - Sent by registered post at correct address - Once plaintiff led evidence and duly proved the service of legal notice, defendant is bound to lead rebuttal evidence to show that notice was not served although the same was posted to the correct address - Rebuttal evidence not led - Held, notice was duly served...........
