Transfer of Property Act, 1882, Section 53A -- Part performance - S.53-A of the Act, confers no right on a party who was not willing to perform his part of contract - A transferee has to prove that he was honestly ready and willing to perform his part of contract...........
Transfer of Property Act, 1882, Section 5, 8, 10, 11, 55, Indian Contract Act, 1872, Section 23 -- Not completing construction within stipulated period - Condition mentioned in allotment letter - No such condition stipulated in sale deed - Corporation thus, had no right to insist cancellation of plots or demand of payment on the basis of conditions mentioned in allotment..........
Transfer of Property Act, 1882, Section 55 -- Sale - Cancellation - When buyer discharges obligations and seller passes/conveys ownership of property, contract is concluded - Thereafter, liabilities, obligations and rights, if any, between buyer and seller would be governed by other provisions of Contract Act and Specific Relief Act on execution of sale deed - Seller..........
Transfer of Property Act, 1882, Section 105, 111 -- Lease deed - Proof of - Power of Attorney holder, son of landlord deposed in respect of said agreement on basis that he was present when terms of tenancy were discussed - Evidence of said witness cannot be discarded on ground that when landlord himself was available, his power of attorney holder could not depose in..........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 103 -- Lease - Eviction suit - Sub-letting - Burden of proof - Defendant was inducted as sub-tenant by plaintiff - He admits to have taken the suit premises on sub lease from plaintiff in his written statement - However, specific plea is taken by defendant that he became a direct tenant under original..........
Transfer of Property Act, 1882, Section 105 -- Lease - Eviction suit - Tenant taken a plea that plaintiff is a foreign national and cannot hold property in India, thus eviction suit not maintainable - Plaintiff admitted that she was not Indian by birth but she acquired Indian citizenship in the year 1989 - No evidence produced by defendant to substantiate his plea - Plea..........
Transfer of Property Act, 1882, Section 106 -- Lease - Notice of eviction - Plaintiff inducted defendant as sub-tenant of suit premises - By issuing first notice plaintiff terminated the lease - However, in the mean time settlement arrived at between parties and plaintiff permitted defendant to remain in premises, as it was agreed between parties that entire arrears of..........
Transfer of Property Act, 1882, Section 118 -- Exchange - Oral exchange relating to immovable property is permissible in State of Punjab, as relevant provision not extended to State of Punjab...........
Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Partition of mortgaged property - No term and condition in deed of mortgage restraining mortgagors from effecting partition of equity of redemption - It is thus, open to mortgagors to effect partition of property and thereby interest of mortgagee Bank is not affected...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Doctrine of substituted security applies to mortgages also...........
