TRANSFER OF PROPERTY ACT

Sl No. Title Coram Date of Judgement Subject HeadNotes   1 KIDAR LALL SEAL AND ANOTHER Vs. HARI LALL SEAL. Coram: BOSE, VIVIAN 18/12/1951 Transfer of Property Act (IV of 1882), ss. 82, 92--Indian Contract Act (IX of 1872), s. 43--Mortgage--Contribution between co-mortgagors--Liability to contribute--Whether proportionate to value of properties mortgaged, or benefit derived The right to contribution as between co-mortgagors is governed by ss. 82 and 92 of the Transfer of Property Act and not by s. 43 of the Indian Contract Act, inasmuch as s. 43 of the Contract Act deals with contracts generally, while ss. 8 Click here to see Subject, Head Notes, Citation and Judgement 2 RAJA KAMAKSHYANARAYAN SINGH BAHADUR Vs. CHOHAN RAM AND ANOTHER Coram: BHAGWATI, NATWARLAL H. 23/10/1952 Transfer of Property Act (IV of 1882), ss. 66, 65-A-Mortgage -Mortgagor in possession-Power to lease-Law before amendment Act of 1929-Permanent lease by mortgagor-Validity. Under the law as it stood prior to the enactment of s. 65-A of the Transfer of Property Act, by Act XX of 1929, the question whether the mortgagor in possession had powar to lease the mortgaged property has got to be determined with referenc Click here to see Subject, Head Notes, Citation and Judgement 3 PANDIT CHUNCHUN JHA Vs. SHEIKH EBADAT ALI AND ANOTHER. Coram: BOSE, VIVIAN 14/04/1954 Transfer of Property Act (Act IV of 1882)-Section 58(c) as amended by Act XX of 1929-Document-Wether a mortgage or sale outright -Principles for determining whether the document is one or the other. There is no hard and fast rule for determining whether a given transaction is a mortgage by conditional sale or sale outright with a condition for repurchase. Each case must be decided on its own facts. The numerous decisions of the High Co Click here to see Subject, Head Notes, Citation and Judgement 4 JUGALKISHORE SARAF Vs. RAW COTTON CO. LTD. Coram: DAS, SUDHI RANJAN 07/03/1955 Code of Civil Procedure (Act V of 1908), s. 146, Order XXI, rule 16-Debt transferred pending suit thereon-Decree not. mentioned in deed-Execution of decree-Application by transferee-Applicability of Order XXI, rule 16 and s. 146- Equitable pr H & S filed a suit against the appellant for recovery of money and during the pendency of the suit a document was executed on the 7th February, 1949, whereby H & S transferred to the respondents all -book and other debts due to the Click here to see Subject, Head Notes, Citation and Judgement 5 ANANDA BEHERA AND ANOTHER Vs. THE STATE OF ORISSA AND ANOTHER. Coram: DAS, SUDHI RANJAN, BOSE, VIVIAN, JAGANNADHADAS, B., IMAM, SYED JAFFER, AIYAR, N. CHANDRASEKHARA 27/10/1955 Fundamental Rights, Enforcement of-Oral sale of fishery rights for future years by owner of estate before it vested in the State by legislation-Nature of such rights-Profit a prendre, if immovable property requiring registered instrume The petitioners obtained oral licenses for catching and appropriating fish from specified sections of the Chilka Lake from its proprietor, the Raja of Parikud, on payment of heavy sums and obtained receipts in accordance with the prevai Click here to see Subject, Head Notes, Citation and Judgement 6 HARIHAR PRASAD SINGH AND ANOTHER Vs. MUST. OF MUNSHI NATH PRASADAND OTHERS. Coram: AIYYAR, T.L. VENKATARAMA 16/01/1956 Occupancy Bight-If can be acquired by lessce from mortgage- Presumption of record of rights-How rebut ted-Proprietor's private land-Mode of proof-Bihar Tenancy Act (VIII of 1885), ss. 5(3) 21, 103-B, 120(2)-Transfer of Property Act (IV of 1882), The appellants were the purchasers of the mortgagors' interests in the agricultural lands in suit and deposited the amounts due on the mortgages in court under s. 83 of the Transfer of Property Act, which were withdrawn by the represen Click here to see Subject, Head Notes, Citation and Judgement 7 RAJES KANTA ROY Vs. SANTI DEBI Coram: JAGANNADHADAS, B. 19/11/1956 Trust deed-Construction-Vested interest or contingent interest -Transfer of Property Act, 1882 (IV of 1882), SS. 19, 21-Attachable interest-Execution of decree-Compromise decree Providing for a personal remedy and a charge-Whether personal A settlor executed a deed of trust in respect of all his properties whereby he made arrangements for the discharge of his 'debts and for the devolution of the property on his sons. The provisions of the deed showed that (1) specified lots o Click here to see Subject, Head Notes, Citation and Judgement 8 KAMALA DEVI Vs. BACHU LAL GUPTA Coram: DAS, S.K. 29/01/1957 Hindu Law--Gift of immoveable Property by widow-Daughter's marriage dowry-Ante-nuptial Promise-Deed executed and registered after marriage-Validity-If binding on the reversioners- Transfer of Property Act.(IV of 1882), S. 123- Hindus S In fulfilment of an ante-nuptial promise made on the occasion of the settlement of the terms of marriage of her daughter, a Hindu widow, governed by the Benares School of Hindu Law, executed a registered deed of gift in respect Of 4 house Click here to see Subject, Head Notes, Citation and Judgement 9 SETH GANGA DHAR Vs. SHANKAR LAL & OTHERS Coram: 15/04/1958 Mortgage-Mortgagor's right redeem-Instruntent providing that mortgage shall not be redeemable for eightyfive years-Term, if a clog on the equity of redemption-Power of Court-Extent- Applicability-Transfer of Property Act, 1882 (4 of 1882), s. 60. The rule against clogs on the equity of redemption embodied in s. 60 of the Transfer of-Property Act empowers the Court not only to relieve a mortgagor of a bargain whereby in certain circumstances his right to redeem the mortgage is wholly t Click here to see Subject, Head Notes, Citation and Judgement 10 MAHANT RAMDHAN PURI Vs. BANKEY BIHARI SARAN & OTHERS Coram: SUBBARAO, K. 23/05/1958 Deed, construction of-Mortgage or lease-Accounts-Mortgagee, if bound to render account--Transfer of Property Act (IV of 1882), ss. 76 and 77. D executed a document in favour of M hypothecating an eight annas share in a village for the purpose of discharging a debt of Rs. 29,496 payable by him to Al. In respect of this property there was a pre-existing think in favour of j for a period Click here to see Subject, Head Notes, Citation and Judgement 11 B. V. PATANKAR AND OTHERS Vs. C. G. SASTRY Coram: SINHA, BHUVNESHWAR P.(CJ), KAPUR, J.L., GAJENDRAGADKAR, P.B., SUBBARAO, K., WANCHOO, K.N. 08/09/1960 Rent Control-Restrictions against eviction of tenants-Decree for possession of house-Delivery given in the absence of tenant-Executing Court ignoring restrictions-Legality- Repugnance Mysore House Rent and Accommodation Control Order, The appellants in execution of a decree passed in their favour for possession over a house obtained possession thereof on July 22, 1951. The order for delivery of possession was made without notice to and in the absence of the respo Click here to see Subject, Head Notes, Citation and Judgement 12 GANGA DUTT MURARKA Vs. KARTIK CHANDRA DAS AND OTHERS. Coram: SHAH, J.C. 10/02/1961 Tenant, Eviction of-Determination of lease by efflux of time-Tenant continuing in Possession on Payment of rent fixed by rent control Acts-Landlord accepting the same-New tenancy, if created-Transfer of Property Act, 1882 (4 of 1882), The appellant was a contractual tenant of certain premises in the town of Calcutta of which the respondents were the owners. The respondents called upon the appellant to vacate and deliver possession of the premises on the expiration of the p Click here to see Subject, Head Notes, Citation and Judgement 13 PRATAP CHAND Vs. RAM NARAYAN AND ANOTHER. Coram: 22/02/1961 Mortgage-Entire proprietary rights mortgaged-Sir lands -not mentioned-If included in the mortgage-Other lands of the mortgagor coming into mortgagee's possession, if accession to the mortgage -Transfer of Property Act, 1882 (4 of 1882), S. 70. One Ramchandar executed a simple mortgage deed without possession of his share in the property in dispute in favour of the respondents and others the relevant Portion of which ran thus :" I do hereby mortgage without possession half share, f Click here to see Subject, Head Notes, Citation and Judgement 14 PANDIT KISHAN LAL Vs. GANPAT RAM KHOSLA AND ANOTHER Coram: DAS, S.K., KAPUR, J.L., HIDAYATULLAH, M., SHAH, J.C., AIYYAR, T.L. VENKATARAMA 17/04/1961 Urban Tenancy-Eviction of tenant-Application-Maintain- ability-East Punjab Urban Rent Restriction Act, 1949 (East Punjab III of 1949), s. 13-Transfer of Property Act, 1882 (4 of 1882), s. 108(q). The Singer Sewing Machine Company, respondent 2 in the appeal, was the tenant in respect of a shop under the appellant and informed him that the company had closed its premises, that respondent I will conduct his business in the shop, Click here to see Subject, Head Notes, Citation and Judgement 15 THE JUMMA MASJID, MERCARA Vs. KODIMANIANDRA DEVIAH Coram: AIYYAR, T.L. VENKATARAMA 11/01/1962 Transfer of Property-Sale by reversioner for consideration-Fraudulent or erroneous representation-Present transferable intereset, though in fact spes successionis-Subsequent acquisition of title-Effect-Rule of estoppel-When to be M and S claiming to be reversioners to the estate of N sold the property in dispute to G predecessor-in-interest of the respondents. The sale deed recited that the property belonged to the joint family of two brothers N and B, and Click here to see Subject, Head Notes, Citation and Judgement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18