Property and Cases : 50 Important Decisions - Part 1

Property and Cases : 50 Important Decisions - Part 1

Section 49 of Registration Act, 1908 clearly provides that a document purporting to be a lease and required to be registered under Section 107 of Transfer of Property Act will not be admissible in evidence if the same is not registered. Proviso to this section, however, as noted hereinabove, provides that an unregistered lease deed may be looked into as evidence of collateral facts. - K.B. Saha Sons Pvt Ltd v Development Consultant Ltd [2008] GCtR 4223 (SC)

False claims and defences are serious problems with real estate litigation, predominantly because of ever escalating prices of the real estate. Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. - Sky Land International Pvt Ltd v Kavita P. Lalwani [2012] GCtR 4501 (Delhi)

A structure that lasts till the end of the tenancy can be treated as a permanent structure. The intention of the party putting up the structure is important, for determining whether it is permanent or temporary.  - Purushottam Das Bangur v Dayanand Gupta [2012 GCtR 4502 (SC)

Section 54 of Transfer of Property Act makes it clear that a contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such property. - Suraj Lamp & Industries Pvt. Ltd v State of Haryana [2011] GCtR 2373 (SC)

Section 54 of the Transfer of Property Act defines 'Sale' as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. In the ordinary sense price would mean money which is sufficient and adequate consideration for the sale. - Lalji Agarwal v State of UP [2012] GCtR 4503 (Allahabad) 

Source : GCtR's "Property and Cases : 50 Important Cases" by Surbhi Suchi, Published in 2024.

Written by 

Vishal

Delhi

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