...property in question (plot No. 905) was purchased by Bal Krishna in auction sale and by virtue of Section 8 of ...provisions of Section 8 of Transfer of Property Act and the decision of Kerala High Co..., through auction sale in execution of a decree and therefore, the provisions of Section 8 of Transfer of ...

...Section 8 of Transfer of Property Act and argued that there cannot be transfer of ...? ii. Whether Section 8 of Transfer of Property Act can be made applicable to hold...Section 8 of Transfer of Property Act and placed reliance on the judgment of this court in M.Na...

...counsel for the petitioner has laid emphasis on Section 8 of the Transfer of Property Act, which is quot.... Argument advanced on behalf of the petitioner is that Section 8 of Transfer of Property Act p...Section 8 Transfer of Property Act provides unless a different intention is expressed or necessarily implied the ...

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...relying upon his title, and Phoolchand could defeat that claim if he established his defence of part performance under Section 53-A of the Transfer of Property Act....possession against the claim made by Nathulal. To the making of such a claim, relying upon the doctrine of part performance in Section 53-A of the Transfer of Property Act, there...of Rs 21,000 was paid is plainly contrary to the terms of the agreement. By virtue of Section 4 of the Transfer of Property Act the chapters and sections of the...

...provisions of Section 8 of Transfer of Property Act, 1882 and in the light of aforesai...null and void.(F) Because learned trial court failed to consider the principle that none can transfer the better right than he himself has in view of...& 3 (respondents no. 2 & 3 herein)?”8. It has been indicated by learned lower court in internal page 4 of the impugned judgment that the defendant no. 1 has filed an affidavit in the...

...appellate court is correct in holding that in view of Section 8 of Transfer of Property Act, the balcony is part of the main building and as such the plaintiff is not en...building but the word used as "Meda Bhavanthi". 19. As per the Section 8 of Transfer of Property Act, it is categorical that "unless a different intention is..., this Court has no hesitation to come to the conclusion that the first Appellate Court is correct in holding that in view of Section 8 of Transfer of Property Act, the balcony i...

...etc., of the Stamp Act by applying Section 8 of the Transfer of Property Act. The second type of cases is where the owner of land agrees to se...construction of a building is a works contract, and that Section 8 of the Transfer of Property ...) in which the Supreme Court while dealing with section 8 of Transfer of Property Act, held that it doe...

...pass only on the execution of the sale deed on 17th May, 1946. Coming next to the sale of the immovables under the sale deed dated 17th May, 1946, the matter is governed by Section 8 of the ...will pass on a sale of the land under Section 8 of the Transfer of Property Act, but that is subject to any different intention which is express or necessarily be implied in the ...the properties described as movables in Part 2 of the schedule are really fixtures which would be immovable properties as defined in the General Clauses Act and Section 3 of the Transfer of ...

...case i.e. the 'Schedule A' property, which is a part of 'Schedule B' property, was purchased by the plaintiff by virtue of the registered sale deed. Accordingly, as per the provision of Section .... 17. Counsel for the appellant has referred to Section 8 of the Transfer of Property Act, 1882 and submitted that a transfer of...submits that as per the provision of Section 8 of the Transfer of Property Act, 1882, the structure on the land would get transferred to the purchaser unless a different intentio...

...heard the matter was of the view that there was no existence of full-grown trees on the land at the time of agreement for sale and thus by virtue of Section 8 of the Transfer ...(c) attached to what is so embedded for the permanent beneficial enjoyment of that to which it is attached;”4. Section 8 of the ...anything attached to the earth;”6. A perusal of Section 3(a) of the Act shows that all things attached with the earth are included in the land. Thus the standing trees being ...

...earlier case, the Court relied on Section 8 of the Transfer of Property Act. It appears to me that that ...be read so as to override the provisions of Section 54 of the same Act. The interest of a simple mortgagee is plainly an intangible thing within the meaning of ...and the transfer of it can be made only by a registered instrument. The result is. that the plaintiffs by the assignment in their favour acquired no right to sue as mortgagees. In my opinion, the decisions of the Courts bel...

...decided without reference to Revenue Authority under Section 331-A of Act or not, therefore, order is bad and liable to be set aside. He submitted that in light of Section 8 of ...counsel for the parties and perused the record. The question before the Court is that as to whether in light of Section 8 of Act, 1882, petitioner is entitled for benefit of Section 331-A...submitted that Section 8 of T.P. Act, 1988 provides for operation of transfer. He firmly submitted that the vendor can transfer only the same right, which he was having and not beyond tha...

...to consider the question as to when the ownership and title in a property will pass to the transferee, under a deed of conveyance. This Court observed :“Section 8 of the ...that on a transfer of property all the interests which the transferor has or is having at that time, capable of passing in the property and in the legal incidence thereof, pass on such a transfer ...settled that payment of entire price is not a condition precedent for completion of the sale by passing of title, as Section 54 of Transfer of Property Act, 1882 (“the ...

...also referred to the provisions of Section 8 of Transfer of Property Act and contended that by ...Section 21(8) of U.P Act No. XIII of 1972 was moved by Sri S.N Vaish, respondent with the request that the rent which is Rs. 1175/- be enhanced to Rs. 50,000/- per month...and the appeal No. 49 of 2000 preferred by the respondent No. 4 was maintainable. There is no dispute regarding the facts that application for enhancement of rent under Section 21(8) of the Act wa...

...Section 8 of the Transfer of Property Act in support of his argument.6. This cou.... Section 8 of the Transfer of Property Act is operating in entirely different field. Section ...transfer of the property from transferor to transferee. In the present case, partition of the property is only a division between co-owners. In such circumstances, Section 8 would have no...

...Section 8 of the Transfer of Property Act, as a “legal incident” of the transfer; and .... Section 8 of the Transfer of Property Act, runs as follows:“Unless a different intentio...held that the plaintiff was entitled to the lien and that under Section 8 of the Transfer of Property Act,...

..., Section 43 of the Transfer of Property Act may not have any application to the facts of this case. The...of the Transfer of Property Act, Muthu Wappa was capable of transferring not only his individual share, but also the share of his mother, and that is why himself and Mohammed Ali decl...of the Transfer of Property Act, the intention of the parties is the matter to be taken into consideration for interpreting the document. ...

...executed in favour of the - 24 - plaintiff. As per Section 8 of Transfer of Property Act, 1882,..., keys, bars, doors, windows, and all other things provided for permanent use therewith". 24. Section 8 of Transfer of Property Act pr..., Section 116 of Evidence Act, reads as under: "Estoppel of tenant; and of licensee of person in possession-No tenant of immovable ...