Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell is not in the nature of part performance of contract to sell the suit property - Possession of property was with the purchaser as tenant of property - Effect of continued possession is that said purchaser is entitled to hold property without any rent or user charges as entire consideration..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Senior citizen - Transfer of property in favour of two daughters - Agricultural land - Transfer made for the services being rendered by daughters in favour of senior citizen - However, transfer deed is totally silent regarding the provision of basic amenities and basic physical needs to..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Senior citizen - Transfer of property in favour of two daughters - Transfer cannot be set aside, merely because one of daughters had suffered a statement for allowing the application of senior citizen, as once the ownership rights vests in the person concerned much less transferee, it cannot be..........
Transfer of Property Act, 1882, Section 106 -- Notice - Where the case of plaintiff is that defendants are trespassers into suit land and not the tenants as on date of suit, question of their issuing quit notice u/s 106 of Act does not arise...........
Specific Relief Act, 1963, Section 34, Assam Land and Revenue Regulations, 1886, Section 8 -- Suit for ownership of land - Acquisition of title - Burden of proof - State being owner of immovable properties, private persons are only settlement holders u/s 8 of 1886, Act - Neither Jamabandi nor any other document was produced to show plaintiff's claim over property - In the..........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Oral tenancy - Plaintiff is co-owner of property and as such landlord of property - Suit property is let out to defendant on payment of monthly rent - Defendant failed to make payment of rent or any amount for use and occupation - Possession was not delivered to plaintiff despite issuance of notice u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Non-appearance of complainant was on one date due to absence of knowledge of transfer of case to another case - Absence of complainant on one date is no ground to dismiss complaint - Order of dismissal set aside - Complaint ordered to be restored at the stage..........
Agreement to sell -- Unregistered - Suit for specific performance on the basis of unregistered & unstamped agreement to sell is maintainable - Requirement of registration and stamping agreement is only when plaintiff is to take benefit of doctrine of part performance u/s 53-A of Transfer of Property Act. (Registration Act, 1908, Ss.17(1)(b), 49, Stamp Act, 1899, Ss.33, 34,..........
Transfer of Property Act, 1882, Section 108 -- Lease - Blockage of access to approach tenanted property by landlord - Amounts to depriving lessee of holding the property with all its benefits, thereby resulting in breach of obligations of landlord u/s 108 of the Act particularly when landlord failed to show the existence of some other access which can be used by tenants as..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Termination of lease - Plaintiff purchased the property in Court auction - Lease was terminated by plaintiff soon after purchase, as auction purchaser was not bound by the terms of lease deed executed by erstwhile lessor - Renewal/extension clause of lease deed cannot be enforced against plaintiff, until and..........
