Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........
Transfer of Property Act, 1882, Section 54, 55(4)(b), 8 -- Registered sale deed - Setting aside - Sale consideration paid through cheque which was duly encashed and the amount was credited in the accounts of vendors - Amount remained in the account of vendors for nine months - After nine months CBI stopped the bank of vendors from disbursing the said amount deposited by..........
Transfer of Property Act, 1882, Section 106 -- Notice - Sent on correct address - Notice received back with endorsement `Refusal' - Law on service of notice by refusal by registered post sent on correct address is well settled...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - For applicability of the doctrine of lis pendens person dealing with immovable property must be a party to the suit...........
Transfer of Property Act, 1882, Section 55 -- Sale - Cancellation - Consideration paid by cheque - Cheque dishonoured - No clause in sale deed that on dishonour of cheque, sale deed will be treated as cancelled or will have no force in the eye of law - Plaintiff is entitled to recover unpaid amount of sale consideration and that would be charge on the property sold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed - Ancestral property - Where plaint filed seeking cancellation of sale deed on account of fact that suit property was ancestral and transfer was made without any reason, basis or necessity, transaction was only voidable and not void, therefore suit is..........
Registration Act, 1908, Section 17(1)(g), 33(1)(c) -- Registration - Power of attorney relating to transfer of immovable property is compulsorily registrable as per S.17(1)(g) of the Act - Provision contained in S.33(1)(c) of the Act cannot be pressed into service, as special provision contained in S.17(1)(g) of the Act will override general provision contemplated for..........
Registration Act, 1908, Section 17(1)(g), 33(1)(c) -- Registration - Power of attorney deed relating to transfer of immovable property - Relationship between petitioner and her power of attorney does not come within exempted categories of relationships mentioned in S.17(1)(g) of the Act, as power of attorney is petitioner's father's brother and petitioner has to comply..........
Transfer of Property Act, 1882, Section 60 -- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants were absolute owners of..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Where no buyer seller relationship is established between contracting parties and only a debtor creditor relationship is established, no charge u/s 55(6)(b) of T.P.Act can be claimed...........
