Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage with conditional sale or outright sale - Entire ownership, right, title and interest transferred - Conditions of S.58(c) of the Act not mentioned in the document - Defendant in possession of entire house except the ground floor in which plaintiff is tenant - Merely because rent-note was executed on the same day,..........
Transfer of Property Act, 1882, Section 123 -- Gift - Executant reserved right of residence - Not a reason to hold that document was to take effect only on the death of the donor/settlor...........
Transfer of Property Act, 1882, Section 123 -- Gift - Acceptance - Fact that possession had been given to the donee - Raises a presumption of acceptance - There may be various means to prove acceptance of a gift...........
Transfer of Property Act, 1882, Section 123 -- Gift - Recital in the document that donee has been put in possession of the property - To prove the contrary burden is on donor and not on the donee...........
Transfer of Property Act, 1882, Section 123 -- Gift - The mutuality and reciprocity can only be a condition that can be found in a Will and not in a settlement or gift deed as per which there would be complete divestiture of title in favour of the donee...........
Transfer of Property Act, 1882, Section 123 -- Gift - Revocation - Original title deeds handed over by donor to donee and original gift deed also taken by donee and thus there is evidence of acceptance - Gift is complete - Donor has no power of revocation...........
Transfer of Property Act, 1882, Section 106 -- Notice - Giving less time than specified - Eviction can be ordered if suit is filed beyond the time stipulated in the provision...........
Transfer of Property Act, 1882, Section 106 -- Notice - Amended provision - In view of S.3 of the Amending Act provision of S.106 as amended are applicable to all notices in furtherance of which any suit or proceeding was pending at the commencement of the Amending Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Provision of S.53-A of the Act is applicable not only to the case of continuation of previous legal possession of the agreement holder but also to the case of continuation of illegal possession by the agreement holder in furtherance of the agreement by way of regularizing or legalizing previous illegal..........
Punjab Municipal Corporation Act, 1976, Section 103(d), 146 -- Levy of house tax - Show cause notice - Writ petition - Alternative remedy - All petitions directed against notice and assessment of house tax yet to take place - Held, petitioners would have a right to file appeal against same - Writ petitions against issuance of show cause notice would be pre-mature - Remedy..........
