Court : Karnataka
Reported in : AIR2005Kant108; ILR2005KAR136; 2005(1)KarLJ625
..... of the expression 'a person is said to have notice' in section 3 of the transfer of property act, it is plain that the word 'notice' is of wider import than the word 'knowledge'. ..... their lordships upon consideration of the whole evidence, both verbal and documentary, are clearly of opinion that the circumstances connected with mohammad afzal's dealings with his property, which were undoubtedly known to the appellants, were such as to put the appellants upon inquiry, and that if reasonable inquiries had been made by the appellants before the transaction of 3rd ..... defined under explanation ii section 3 of the transfer of property act, the trial court after following the judgment in a.i.r ..... here that explanation-ii was introduced into the transfer of property act by the amending act 21 of 1929. ..... of course, even prior to that amendment also, the law, as declared in decided cases, was that, when a person purchased property from the owner knowing that it is in the possession of another, he is under a duty to inquire into the nature of that possession and in the absence of such inquiry, knowledge of title under which possession is held should ..... on his own knowledge and abstain from making inquiry into the real nature of the possession of a tenant, he cannot escape from the consequences of the deemed notice under explanation ii to section 3 of the transfer of property act. ..... of the agreement of sale in favour of plaintiff in view of explanation ii to section 3 of the transfer of property act. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(4)KarLJ101; 2007(4)KCCR2548
..... relying on these documents, learned counsel submitted that, in terms of section 53-a of the transfer of property act, plaintiff having paid the full amount and having put in possession of the suit schedule property in part performance of the contract, nothing more is required to be proved by the plaintiff nor the plaintiff is required to prove ms readiness and willingness and further submitted that the readiness and willingness will not ..... 1?iv) whether the plaintiff proves that he is willing and ready to perform his part of contract?v) whether the plaintiff is entitled for the delivery of vacant possess ion of suit schedule property?vi) whether the plaintiff is entitled for specific performance as sought for?vii) whether the plaintiff is entitled for mesne profits as sought for?viii) whether the suit is barred by limitation?ix) what decree ..... being in possession, he cannot claim part performance of the contract in terms of the provisions of section 53a of the transfer of property act.14. ..... chosen to exercise his right for 19 years, in my view, the suit is barred by time as stipulated under article 54 of the limitation act even undisputedly the plaintiff has not made demand for registration of the sale deed clearly shows that plaintiff did not choose to file a suit within ..... execute the sale deed in respect of the said property is concerned, learned counsel submitted that section 13 sub-section (1) of the specific relief act does not preclude the plaintiff from bringing the suit. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant237; 1983(1)KarLJ417
..... that government grant was in all respects a disposal by a private person and was no better than that and, therefore, the permanent restraint on alienation imposed in the order of grant or grant certificates, was violative of section 10, transfer of property act, (central act 14 of 1882) (hereinafter referred to as the tp act) or the legal principle of rule against perpetuity incorporated in that section, was void and had to be ignored.49. ..... even now we are not in a position to state with certainly the laws that were in force in the different areas before the uniform land revenue act and land grant rules came into force in 1968, which were repealed and replaced by the 1969 rules.109. ..... under that act, government on 21-3-1968 framed the uniform land grant rules called the mysore land grant rules of 1968 (hereinafter referred to as the 1968 rules). ..... rule 40 of the 1968 rules, corresponding to section 6, general clauses act, repeals the land grant rules that were in force in the integrating areas of the new state and saves previous operation of the rules and the actions taken ..... new state consists of 5 integrating areas; with different laws that also continued till the uniform land revenue act and uniform land grant rules were framed in 1968. ..... divorced from the context, provides for repealing the rules hat provided for a prohibition of alienation only to members of sc/st from 17-10-1974, though the corresponding rules in that behalf had earlier been repealed by the 1968 rules itself.71. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(2)KarLJ1; 2006(4)KCCR254; 2006(6)AIRKarR308
..... , in his dissenting judgment, has substantially agreed with the majority as regards the nature of the tenancy created by section 116 of the transfer of property act, and that is evident from the following observations:turning now to the main point, it will be seen that the section postulates the lessee remaining in possession after the determination ..... premises, in terms of the compromise recorded in the order in an earlier petition for eviction in hrc 80/1980 filed by the respondent against m/s lakur & company and another tenant under the karnataka rent control act, 1961, the respondent was disentitled to a decree for ejectment.the landlord sangha examined its secretary as pw-1, produced three documents marked as exs.p-1 to p-3 while the petitioner examined its accountant and power of attorney ..... ejectment, which was opposed by filing a written statement of the petitioner inter alia contending that the two tenancies being separate and distinct, on two dates, arc protected by the karnataka rent act, 1999 and that there is a waiver of notice to quit.the 2nd plaintiff examined himself as pw-1 produced four documents marked as ex.p-1 to p-4 while the petitioner-defendant examined himself as dw-1 produced two ..... 2006:the petitioner on 8.6.1967 and 24.6.1968 was inducted as a tenant of shop ..... 217/c was taken on lease on 24-6-1968 under receipt ex, d-2 of even date, being two separate and independent transactions of lease, the quit notice ..... sardar ranjit singh : [1968]2scr548 held that a waiver .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant193; 1986(23)ELT75(Kar)
..... in these terms:'in view of the foregoing findings, i pass the following order: one pellet of gold with foreign markings which is clearly liable to confiscation under the gold control act 1968 as discussed above having already been confiscated under the custom act, 1968 by an order passed by the assistant collector of central excise, mysore, earlier vide c. no. ..... of the collector and made an order (exhibit d) in these terms:'i observe that in the show cause notice there was no charge for contravention of section 16 (1) of the gold (control) act, 1968 and therefore, the conclusion arrived at by the collector that all the three appellants have contravened section 16 (1) of the gold (control) act, 1968 is in violation of principles of natural justice. ..... a licence issued to him by the authority under the gold control act, 1968 (central act 45 of 1968) (hereinafter referred to as the act). ..... bearing these and all other relevant principles, it is necessary to examine the scope of the second proviso to section 79 of the act, which reads thus:'provided further that where no such notice is given within a period of six months from the date of the seizure of the gold, conveyance, or animal or such further ..... seizure used for concealing the aforesaid gold and gold ornaments under section 71(2) of the gold control act, 1968. ..... gold piece weighing 2,400 grams to government under section 71(1) of the gold control act, 1968. ..... of confiscation in relation to the said gold under gold control act, 1968. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR429; 1991(3)KarLJ223
..... a suit for specific performance nor did it furnish a cause of action for the commencement of the period of limitation; as such it is contended that it is open to the defendant to protect his possession under section 53-a of the transfer of property act.article 54 of the limitation act, 1963 reads thus:description of the suitperiod of limitationtime from which period beginsto run54.for specific performance of acontractthree yearsthe date fixed for theperformance, or, if no such date is fixed, when the plaintiff has notice ..... the defendant was not unlawful because he was in possession of the suit schedule premises pursuant to the agreement of sale dated 16-12-1972; that the mysore housing board put the plaintiff in possession of the suit schedule property on 24-1-1973 and on the same day the plaintiff put the defendant in possession of the same; that the defendant called upon the plaintiff to execute a regular sale deed; but the plaintiff replied that as per ..... the next question for consideration is as to whether the plaintiff is entitled to seek for possession of the suit schedule property he, having put the defendant in possession of the same pursuant to the agreement of sale dated 16.12.1972 and received certain sum in part payment of the ..... , we must take notice of the fact that this document was executed some time in the year 1968 and the disputed signatures of the owner were taken in the year 1974. ..... d.1 dated 15.12.1968 is executed, is no other than the wife of the defendant no. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3196; 1996(2)KarLJ418
..... valuable consideration and without notice of the fact that what the mortgagee was conveying to him was merely the mortgagee's right, title and interest therein, but that the transfer or conveyance to him of the property was under circumstances which would lead to the conclusion that the mortgagee was transferring to him not merely the mortgagee's rights but a larger interest than that given by the mortgage or at any rate an interest ..... two years prior to the institution of the suit, and, as such, rejected the plea of limitation raised by the defendants in terms of the article 61 (b) which provided 12 years period of limitation to recover possession of immoveable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration from the point of time the transfer became known to the plaintiff.6. ..... any such insertion in a mortgage to prevent redemption on repayment has been statutorily forbidden under section 60 of the transfer of property act, 1882. ..... 2 on the basis of the stipulation in the mortgage deed ex.p-1 had, on a representation that he had acquired full title over the suit property, sold the same to the father of defendants 2 to 8 under a registered sale deed dated 15.9.1947 exhibit d-7 thereby purporting to vest an interest larger than that of the mortgagee ..... in the present case the lower appellate court on appreciation of evidence has held that the plaintiff had acquired knowledge of transfer only in 1968. ..... 1 in favour of mallaiah only in 1968, i.e. .....
Tag this Judgment!Court : Karnataka
Reported in : (1976)5CTR(Kar)212
..... order to answer the second part of the question referred, it is not sufficient if the tribunal records a finding that the deed dated 8-2-1968 is not ownership in exchange of a price paid or promised or part paid and part promised, vide section 54 of the transfer of property act, 1882. ..... that the executor was competent to transfer the estate which had vested in him by virtue of the will and the probate obtained by him, but the said transfer dies not amount to a sale of property and, therefore, the cost of acquisition must be computed with reference to the testator and if that is the relevant consideration, the cost of acquisition has to be computed with reference to the date 1-1-1954. ..... is one mode of transfer of property act, a mortgage is one mode of transfer of property, vide section 58 of the transfer of property act. ..... the transfer of movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee, vide section 122 of the transfer of property act. ..... is a transfer of a right to enjoy immovable property, vide section 105 of the transfer of property act. ..... on 30-7-1968 and 1-8-1968 the assessee, who is a transferee under the deed aforesaid, transferred two items of properties conveyed to him under the document dated 8-2-1968 for a consideration ..... of a trust also involves transfer of ownership of property, vide section 3 read with section 4 of the indian trust act, 1882. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR1551; 2006(2)KarLJ412
..... section 105 of the transfer of property act, 1882 states that the lease of immovable properties is the transfer of right to enjoy such property, made for certain time, express or implied, or in perpetuity, on consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the ..... nandi infrastructure corridor enterprises (respondent 4) and possession certificate at (annexure-r4) and the lease deed delivering possession of the property by the 3rd respondent in favour of the 4th respondent (annexure-r7) only insofar as the schedule land is concerned, is hereby quashed. ..... petitioner did not get himself impleaded in the proceedings initiated by his father which will not amount to waiver of his right apart from the fact that chikkahanumaiah himself could not have settled the property as an owner since he was not the owner of the schedule land at the time of execution of settlement deed. ..... government of andhra pradesh air 1966 sc 828, the apex court has observed that a person who has been prejudicially affected by an act or omission of the authority can file a writ even though he has no proprietary or even fiduciary interest in the subject-matter thereof ..... in other words, if the person is found to be not merely a stranger having no right whatsoever to any post or property, he cannot be non-suited on the ground of his not having locus standi.16. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR877; 1991(4)KarLJ225
..... therefore, the words 'living person' occurring in section 5 of the transfer of property act excludes from the purview of the transfer of property act a bequeath by will. ..... property which is capable of being so disposed of by him in accordance with the provisions of the indian succession act or any of the law for the time being in force and applicable to hindus; that ..... not transfer the tenancy right during his life time, hence, the bar contained under section 57 and schedule iii of the indian succession act did affect the right of dadu to bequeath the tenancy right; that section 30 of the hindu succession act did not in any way confer a right which a hindu did not possess to transfer the property; that section 30 conferred a right upon a hindu to dispose of by will or other testamentary disposition any ..... we are of the view that it is the settled position of law that bequeath under a will cannot be construed to be a transfer of property as defined under the transfer of property act. ..... 279/1972 by the principal civil judge, chikodi, confirming the judgment and decree dated 11.9.1968 passed by the munsiff, chikodi, in o.s.no.59/1965.2. .....
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