...of properties allotted to them respectively. If that be the true nature of partition it cannot be held that partition of an undivided Hindu family property must necessarily mean transfer of the property to the individual co-parceners. 1 [354 D-E] Girja Bai v. Sadashiv Dhundiraj and-Others, 43 I.A. 151, relied on. (ii)Cases decided under s. 53 of the Transfer of Property Act ;and...premises. The appellant resisted the application, inter alia, on the ground that as respondent No. 1 bad acquired premises by 'transfer' within the meaning of s. 14(6) of the Act he was precluded from...an 'acquisi- tion by transfer' contemplated by s. 14(6) of the Act. The appellant came to the Supreme Court by Special Leave. It was contended on behalf of the appellant that under s. 53 of...

..." in the above section, have no effect. 6. On reading the two Sections 56 and 81 of the Transfer of Property Act we are of opinion that a purchaser in the position of the 3rd defendant has not the right claimed on his behalf. 7. Of the authorities cited, there are only two -cases bearing...Section 67 of the Transfer of Property Act the plaintiff is entitled to an order that the properties mortgaged be sold and section 88 of the same act provides that the Court shall pass a decree that in...Transfer of Property Act to have the first mortgage debt paid, so far as it is possible, out of the other properties, but not so as to prejudice the rights of the first mortgagee or of any other person...

...) the constitutional validity of section 3 of the Maharashtra Sales Tax on the Transfer of the Right to use any Goods for any purpose Act, 1985, was challenged. The court has held that in cases of tax imposed on transaction which is sale according to section 4 of the Sale of Goods Act, it is the transfer of property in...—(a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;(b) a tax on the...transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;(c) a tax on the delivery of goods on hire-purchase or any system of...

...the creation of tenancy by way of an oral agreement. According to Section 106 of the Transfer of Property Act, 1882, a monthly tenancy shall be deemed to be a tenancy from month to month and must be registered if it is reduced into writing. The Transfer of Property Act, however, remains silent on the position of law in cases where...lease though made after the creation of mortgage is in accordance with the requirements of Section 65-A of the Transfer of Property Act and the lease was valid and binding on the mortgagee and...Section 106 of the Transfer of Property Act, 1882 does provide for registration of leases which are created on a year-to-year basis, what needs to be remembered is the effect of non-registration, or...

...of on merits.13. Coming to the second point, this Court has considered the scope of Section 52 of the Transfer of Property Act and the rule of lis pendens in a number of cases. There...against the embargo imposed by Section 52 of the Transfer of Property Act.35. The High Court had rightly distinguished cases cited on behalf of the appellant before it by...alia, that these sales, of joint property in suit, were struck by the doctrine of lis pendens embodied in Section 52 of the Indian Transfer of Property Act. As this is the sole question, on...

...Singh. The agreement to accept reduced rent was admitted by the lessors in the pleadings (see sec. 65, Evidence Act). None of the cases referred to by Ghose, J., were cases on the Transfer of Property Act. Obai...is not a charge under the Transfer of property Act.[The Chief Justice draws attention to para. 8 of the lease,]It is charged on our property not on the demised properly..., Transfer of Property Act, is to have the whole of the terms of a lease put in a registered document. You cannot gather the terms of a lease partly from a registered and partly from an...

...debt and the amount subsequently raised and it was said that the provisions of the Transfer of Property Act on the point were identical with the principles of justice, equity and good conscience. The observation made in that case must be limited to that case and cannot be held as applicable to all cases irrespective..., unable to accede to the contention of Mr Daphtary that though Section 114 of the Transfer of Property Act confers a discretion on the court, that discretion except in cases where third...force of the Transfer of Property Act. The appellate court saw no valid reason for interfering with the finding of the trial judge on the question concerning relief against forfeiture...

...such possession in 1934, and reliance was placed on certain decisions which-were, however, cases decided before the Transfer of Property Amendment Act of 1929. The limits of...inadmissible to prove the allotment of the suit property to the respondent, and that as the latter based his title only on Ex. A, his suit was bound to fail. The Court below has repelled this contention...hold therefore that the appellant being unable to establish his exclusive title to the property in suit on the basis of its allotment to his share at a valid partition, is not entitled to the relief...

...altogether of Section 90 of the Transfer of Property Act, to a personal decree, It seems only reasonable that, on bringing a mortgage suit, the plaintiff before or after a decree for sale, should be allowed to abandon his claim against; a portion of the mortgaged property if he chooses to do so. The cases which...seem to me to establish that on the true construction of the provisions of the Transfer of Property Act a mortgagee...1. This appeal arises out of an application made under Section 90 of the Transfer of Property Act. A...

...benefit of provisions of Transfer of Property Act, 1882, regarding which it was argued before the court below that the respondent intended to refer protection under section 114 of Transfer of Property Act, 1882.5. Section 114 of Transfer of Property Act, 1882, is applicable to the cases where the tenancy is terminated on the...section 106 of Transfer of Property Act, 1882.6. It is argued on behalf of the petitioner that the amendment application 20C moved...tenancy by serving a notice under section 106 of Transfer of Property Act, 1882. The respondent contested the suit...

...possession until the payment of the mortgage-money, and it was held that the instrument did not strictly fall within section 58(d) of the Transfer of Property Act. The cases referred to on behalf...the Transfer of Property Act. The material portion of the bond in suit has been set out above. It purports to be a zarpeshgi deed for a term of three years extending from the month of Chaitra...section 98 of the Transfer of Property Act, to determine the rights and liabilities of the parties by their Contract as evidenced in the...

...provisions of Section 269C of the Act read in conjunction with the definitions of the expressions "transfer" and "instrument of transfer" in Section 269A of the Act, Section 269C would apply to all cases of transfer of property which were completed on or...relevant provisions of Chapter XX-A of the Act and Section 54 of the Transfer of Property Act, we are of the opinion that...Act has no application. According to Section 54 of the Transfer of Property Act," sale" has been denned as a transfer...

...Agra Tenancy Act, or in any other law, which forbids a landlord conferring a power of transfer on a tenant in perpetuity. In cases governed by the Transfer of Property Act Section 108...member, could only acquire the occupancy rights by transfer in the peculiar manner known to Hindu Law, namely, by throwing the income of property in the common stock. On this ground the learned Judges...on behalf of the appellant that the terms of the lease must be given effect to and that Section 92, Evidence Act...

...Kuar v. Gaya Municipality, AIR 1939 Pat 138.7. The reasoning adopted in the first batch of cases relied on by counsel for the appellant is that Section 53 of the Transfer of Property Act provides...Section 53 of the Transfer of Property Act This action should, therefore, have been brought on behalf of the body of creditors and after complying with the...embodied in Section 53 of the Transfer of Property Act for the purposes of achieving the end of having the order...

...he could redeem before that time unless there was an express stipulation so the contrary. As observed by shri d. F. Mullah in his learned commentary on the transfer of property act (1949 edition) "these cases are bad law for the view taken in other cases. That the mortgagor cannot redeem before the time fixed for payment, is confirmed by the decision of the judicial committee in bakhtawar begum vs. Hussaini khanam" . The cases relied on by...government by s. 60 of the transfer of property act. According to this section the mortgagor has a right to redeem at any time after the principle money has become due. The right of redemption arises...whether the mortgagor is entitled to redeem the mortgage before the expiry of the period fixed in the mortgage - deed. The learned additional commissioner relying on a number of decisions has held that...

...in the nature of sale; and if it relates to immovable property value of Rs. 100/- or onwards it can only be by a registered instrument as provided under S. 54 of the Transfer of Property Act.13. One of the earlier cases on the.... 122 of the Transfer of Property Act is the transfer of existing movable or immovable property made voluntarily and without consideration, by one person to another and accepted by or on behalf...of the donor during the lifetime of the donor. S. 123 requires that for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on...

...court under Section 83 of the Transfer of Property Act. The amounts were deposited in Court of First Munsif, Patna on May 28, 1947. Notice under Section 83 of the Transfer of Property Act was served on the respondents on May 30, 1947 in two cases and...77 of the Transfer of Property Act. The provisions as to accounts contained in Section 76(g) of the Transfer of Property Act are excluded in cases where Section 77 of the Transfer of Property Act applies. Section 77 of the Transfer of Property Act applies to the present appeals. Further, the mortgagees had to pay to the mortgagor a fixed amount, namely, the haq-ajri. There was nothing to account on the...of the Transfer of Property Act the money due on mortgage. The mortgagees had from time to time paid the Government revenue and cess in respect of the mortgage property. The Government...

...Section 106 of the Transfer of Property Act was found to have been duly served on the defendant-respondents.3. The notice has, however...that the Full Bench only laid down the law in regard to tenancies which are governed by the State Rent Act and did not apply to cases which were governed purely by the Transfer of Property Act...apply, cannot be accepted. The interpretation placed on Section 106 of the Transfer of Property Act applies in all...

...Section 76(h) of the Transfer of Property Act and on certain decided cases. Section 76(h) of the Transfer of Property Act is in these terms...definition of a mortgage in Section 58 of the Transfer of Property Act is also against the respondent's contention...Section 77 of the Transfer of Property Act which runs as follows : Nothing in Section 76, Clauses (b), (d), (g) and (h) applies to...

...the Transfer of Property Act and, in my opinion, this view is correct 6. The learned pleader for the appellant, however, relies on two cases to support his contention that the...provisions of Section 59 of the Transfer of Property Act and I do not think that the cases on which, the learned Vakil for the appellant relies are any authority for the opposite view...provisions of Clause (b) of Section 68 of the Transfer of Property Act would apply and the mortgagee, the plaintiff, would have a right from...