...is invalid for want of consideration. The conteniion for appellant (37th defendant) is that the transfer of a mortgage is not a sale of immoveable property within the meaning of ...of Property Act, and reliance is placed on Samu Pathan v. Chidambara Odayan (1915) 29 M.L.J. 454. No doubt in that case the learned Judge, held that...respect, we are unable to see why it should not be treated as such a sale within the meaning of Section 55 also. In a recent case reported in Perutnal Animal v. Perumal Naicker, (1920) I.L.R. 44 M. ...

...lien for unpaid purchase money is of a somewhat different nature in English law from the statutory lien granted under Section 55(4) of the Transfer of Property Act,...promissory note from the vendee, it does not necessarily follow that he has given up his statutory lien under Section 55 of the ...Clause (2) of Section 55, Transfer of Property Act, the benefit of a contract of sale ...

...such a matter being governed by Section 55 of the Transfer of Property Act. In Janardan Kishore v. Girdhari Lal AIR 1957 Pat ...sale deed on the principle of clause (f) of sub-section (1) of Section 55 of the Transfer of Property Act, according to which the liability to deliver possessio...provisions of Section 55(1) of the Transfer of Property Act which provides that the seller is bound to give, on being so required, the buyer or such person as he directs, such possession ...

...the plaintiff has a prima facie case in its favour.4. So far as prayer for temporary injunction is concerned, perusal of the provisions of Section 55 of the ...provisions of Section 55 of the Transfer of Property Act, even for the unpaid amount of interest, there is charge on the property....order under challenge in this appeal, after adverting to certain factual details, on the scope of Section 55(6) of the Transfer of Property Act, expressed their views as hereunder, with p...

...that the charge which a vendor obtains under section 55 of the Transfer of Property Act is different in its origi...which arises by virtue of the provisions of section 55 of the Transfer of Property Act. The article applicable is article 132 and not article 111 and t...On the authority of the judgment of the Privy Council in Webb v. Macpherson(1) which is since the decision of the lower Appellate Court in this case, we must hold that the...

...Section 55(4)(6) of the Transfer of Property Act. 3. The plea taken in defence with which we are concerned is that the suit was barred by limitation...-deed and the bond. Section 55 of the transfer of Property Act distinctly says that in the absence of a ...parties under which it was clearly understood or even implied that the charge granted by Section 55 of the transfer of ...

...this enquiry such failure amounts to a wilful abstention or gross negligence within the meaning of Section 3 of the Transfer of Property Act and notice must be imputed to them.”...encumbrance as also in terms of the provisions of Sections 55(1) and 55(2)(g) of the Transfer of Property Act. The learned counsel appearing on behalf of the Official Li...first charge on the premise for which they are assessed. It is in that view of the matter, Section 100 of the Transfer of Property Act was found to be capable of being invoked therein, wh...

...Section 55 of the Transfer of Property Act, the material portion of which provides :- "...1 (a) of Section 55 of the Transfer of Property Act clearly casts the duty on the seller to disclose mat...(2) of Section 55 Transfer of Property Act would apply and the seller professing to transfer interest not subsisting would be committing breach of implied contract. ...

...that the liability was one in respect of which a charge was provided under section 55(iv)(b) of the Transfer of Property Act and that therefore the...plaintiff entitled to rely on the provisions of section 10(2)(ii)? This provision may be read in two ways. It may be read as safeguarding any liability for which a charge under ...provided under section 55(iv)(b) of the Transfer of Property Act. We are of opinion that the latter interpretation is the correct interpretation and that the in...

.... Section 55(1)(f) of the Transfer of Property Act (iv of 1882) provides that“The seller is bound(f) to give, on being so required...given in accordance with the provisions of Section 55(1)(f) of the Transfer of Property Act. Delivery of possession is a necessary ingredient and part ...obligations of the parties in such a matter being indicated by Section 55 of the Transfer of Property Act.10. There is, therefore, no force in this appeal and it is dismis...

...Section 55 of the Transfer of Property Act speaks of ‘Rights and Liabilities of buyer and selle...owner should do. The provisions of Section 55(1) of the Transfer of Property Act, 1882 enable the buyer, before completion of the sale transaction to a.... In Law, it is the “Caveat Emptor” [Purchaser Beware]. If the sale is vitiated by fraud, the buyer can sue the seller to set aside the sale and to recover the price. As per Section 55(2) of the ...

...is given to a vendor under section 55(4)(b) of the Transfer of Property Act.The plea taken in defence with which we are concerned is that the suit was bar...the sale deed and the bond. Section 55 of the Transfer of Property Act distinctly says that in the absence ...the parties under which it was clearly understood or even implied that the charge granted by Section 55 of the Transfer of ...

...-section (6) of Section 55 of the Transfer of property Act.15. Section 55 of the Transfer of Properties Act, deal...1929]xxx xxx xxx xxx”16. The omission of the words ‘with notice of the payment’ from clause (b) of sub-section (6) of Section 55 ...or any transferee with notice of the non-payment” in clause (b) of sub-section (4) of Section 55 of the Transfer of Property Act, by Act 20 ...

...registration of the deed amounted to a constructive notice to the plaintiffs, under Section 3 of the Transfer of ...) of the Transfer of Property Act did not apply to the ease. He has further argued that the contract was not voidable as the venders could have discovered the existence of the mortgage and the cas...) of the Transfer of Property Act is concerned, the contention of the applicant appears to be correct, Although there is an express recital, in the sale deed that the property is free fro...

...Section 55(6)(b) of the Transfer of property Act is not available in favour of the decree holder as it has lost its significance after the compromise. The learn...Section 55(6)(b) of the Transfer of property Act cannot be invoked by the decree holder/buyer.7. The learned counsel for the first respondent submitted th...charge under Section 55(6)(b) would never be lost and it would have force even after the passing of the compromise decree. The counsel submitted that the decree holder having not improperly declin...

...the exact situation of the “rasta”. The respondent was aware of the exact nature of the land being purchased by him. In support of his submission learned counsel relies on Section 55 of t....24. In view of the aforesaid, we are of the considered opinion that the appellant Corporation cannot be permitted to rely upon Section 55 of the Transfer ...in breach of Sections 55(1)(a) and (b) of the Transfer of Property Act, 1882.25**. The aforesaid section provides as under:...

...pointing to that conclusion, why there should be a presumption in favor of abandonment of the lieu. Section 55 of the ...1. The plaintiff had the vendor's lien in the property in the hands of the 2nd defendant, the purchaser, and it is contended that because the plaintiff accepted a pro-note for a portion...of the purchase-money from the 1st defendant, the plaintiff must be held to have lost his lien to that extent. There is no authority which can be said to deal with the exact point raised, viz., whether...

..., the same could be determined in accordance with Section 55 of the Transfer of Property Act. Oral contract is permissible and so far as other terms which remain unsettled, the same can be determi...found not proved by the High Court and as such there is no question of applying any principles contained in Section 55 of the Transfer of Property Act. It was also contended that the find...believed there is no question of applying the principle contained in Section 55 of the Transfer of Property Act. The general principle contained in Section 55 ...

...meaning of Section 55, Transfer of Property Act (IV of l882) must be made by the witnesses signing their...Section 2, Transfer of Property (Amendment) Act of 1926, the requirements as regards due attestation of a documen.... Section 2, Transfer of Property (Amendment) Act of 1 926, states that "attested, in...

...Clause (b) of Sub-Section (5) of Section 55 of the Transfer of Property Act, 1882, whi...lodging the first information report. Learned counsel for the petitioner further submitted that the remedy available to the Bank is by way of filing proceeding under Section 13 and 14 of the...pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from incumbrances the buyer...