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...........
Transfer of Property Act, 1882, Section 53 -- Transferee pendente lite - Transferee not a bonafide purchaser who had knowledge of the execution proceedings inspite of which, in order to defeat the decree, in collusion with the original seller got the sale deed executed - Held, purchaser not a bonafide purchaser and sale is hit by S.53 of the Act...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113 -- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the..........
Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Unregistered agreement containing clause recording part performance of the contract by delivery of possession or executed with a person who is already in possession - Such a contract would only deprive the person in possession of any benefit conferred..........
Transfer of Property Act, 1882, Section 114, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 30 - - Eviction - It is admitted by parties that Act of 1972 is not applicable to accommodation in question - Held, question of giving any benefit of deposit made u/s.30 thereof cannot arise - Such benefit cannot be extended to tenant..........
Transfer of Property Act, 1882, Section 114, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 30 - - Eviction - Invalid notice - Notice determining tenancy was given through manager of institution - It was not signed both by President and Manager as required under bye-laws of institution - Held, notice is invalid one and,..........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Purchaser pendente lite - Rights of purchaser pendente lite get vanished/dismissed in the event of plaintiff getting a decree for specific performance - In the instant case plaintiff has been non suited as such purchase made by second defendant is not affected by lis pendens...........
