Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed on ground of fraud - Fraud has to be proved on basis of oral or documentary evidence - Plaintiff failed to adduce any evidence worth the name for the said purpose - Execution of sale deed proved in terms of S.68 of Evidence Act - Mutation proceedings also decided in favour of defendant - Lower..........
Registration Act, 1908, Section 17A, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Compulsory registratio, An agreement by which possession of immovable property is delivered to the prospective vendee, requires registration to claim protection u/s 53 of Transfer of Property Act - In the instant case, possession of suit property was not delivered by..........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of prisoner from one place to another - Held, transfer of prisoner from any such place of detention is permissible only with the permission of the Court under whose warrant the undertrial has been remanded to custody - Power exercisable by Court while permitting or refusing transfer is `judicial' and not..........
Mutation -- A mutation of revenue entries on basis of Will - Held, cannot transfer title to the property - Revenue entries are at best only subsidiary evidence, when issue of an assertion to title to the property is made...........
Transfer of Property Act, 1882, Section 52 -- Bona fide purchaser - Principle of lis pendens - Applicability - Held, issue of bona fide purchaser to plead does not arise when transaction was during pendency of suit filed against their vendors - Principle of lis pendens u/s 52 of the Transfer of Property Act will out-weigh considerations of bona fide...........
Transfer of Property Act, 1882, Section 108(p) -- Permanent structure - Removal of roof and replacement thereof by concrete slab - Held, concrete slab is permanent feature of demised premises and could not be easily removed without doing extensive damage to remaining structure - Alteration made by tenant fell within mischief of S.108(p) of the Act - Eviction decree passed..........
Transfer of Property Act, 1882, Section 108(p) -- Permanent structure - No hard and fast rule can be prescribed for determining what is permanent or what is not - Use of word `permanent' in the provision is meant to distinguish the structure from what is temporary - The term `permanent' does not mean that the structure must last forever - A structure that lasts till the..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Unless and until the condition of transfer is not embodied in the document which effects and purports to effect the sale, the transaction cannot be said to be a mortgage and in other words it shall amount to a deed of sale only...........
Transfer of Property Act, 1882, Section 60, 67, Limitation Act, 1963, Section 27, Article 61(a), 63(a), 65 -- Mortgage - Redemption - Limitation - Land mortgaged prior to year 1952 - Limitation for redemption is 30 years which expires in the year 1982 - Limitation for filing suit by mortgagee for possession starts from the year 1985 and expires after 12 years - Even..........
Transfer of Property Act, 1882, Section 53 -- Transferee pendente lite - Sale deed executed prior to attachment - Sale a fraudulent transfer in order to defeat the decree - Sale is hit by S.53 of the Act...........
