Transfer of Property Act Case Laws | Judicial Services

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Transfer of Property Act Case Laws | Judicial Services | Law Exam

1. Duncans Industries Ltd. v. State of U.P (2000) 1 SCC 633

Whether the machinery embedded in the earth can be treated as moveable or immoveable property depends upon the intention of the parties which embedded the machinery.

2. Sant Lai v. Kamla Prasad (1952) SCR 116

Each witness must sign only after the execution is complete otherwise it will not be a valid attestation.

3. Dr. HK Sharma v. Shri Ram Lai (2019) Supreme Court (SC) 83

The Supreme Court observed that the landlord-tenant relationship will not be terminated merely by an agreement to sell the property of the landlord unless there is a stipulation in the agreement itself to that effect.

Also Read: Amendment of Pleadings | Order 6 Rule 17 CPC

4. Rosher v. Rosher (1884) 26 Ch D. 801

The test to determine whether the restraint is absolute or partial depends upon the effect and not the form or words laying down the condition.

5. Muhammad Raza v. Abbad Bandi Bibi, AIR 1932 P.C. 158

Where the condition restricts the transferee from transferring the property to strangers, i.e outside the family of the transferor, the condition is merely a partial restraint which is valid and enforceable.

6. Shanta Bai v. State of Bombay, AIR 1958 SC 532

Standing timber is different from a timber tree. Standing timber refers to tree in such a state that if cut could be used as timber, while timber tree refers to tree drawing sustenance from the soil.

7. Pandit Chunchun Jha v. Sheikh Ibadat Ali, AIR 1954 SC 345

Supreme Court held that if the condition of re-purchase is no embodied in the document of mortgage then the transaction can’t be said to be mortgage.

Transfer of Property Act Case Laws | Judicial Services | Law Exam | Law Notes

Short Explanation of Doctrine of Lis Pendens Sec 52 ToP Act 1882