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Transfer of Property Act, 1882

825 judgments · newest first · showing 801–825

H. ANRAJ ETC.versusGOVERNMENT OF TAMILNADU ETC.

1985 INSC 221Disposed off

The Supreme Court examined whether state lotteries organised by Tamil Nadu and West Bengal could be taxed under the states' sales‑tax statutes. The petitioners, dealers in lottery tickets, argued that lottery tickets are not "goods" but merely actionable claims, rendering the amendments to the Tamil …

JAYASINGH DNYANU MHOPREKAR & ANR.versusKRISHNA BABAJI PATIL & ANR.

1985 INSC 158Dismissed

The plaintiffs, permanent Mirasi tenants, mortgaged their half‑share of Paragana Watan lands to the defendants in 1947. After the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 abolished the watans, the defendants (or their heirs) paid the occupancy price and obtained a grant of the …

RAM AND SHYAM COMPANYversusSTATE OF HARYANA AND ORS.

1985 INSC 135Appeal(s) allowed

The appellant, Ram & Shyam Co., submitted the highest bid for a minor‑mineral quarry in Haryana, but the State Government, invoking Rule 30(4) of the Punjab Minor Mineral Concession Rules, declined to confirm the bid and instead awarded the lease to a fourth respondent who had made a secret higher …

STATE OF ORISSA & OTHERSversusTHE TITAGHUR PAPER MILLS COMPANY LTD. & ANR.

1985 INSC 43Disposed off

The State of Orissa issued notifications under the Orissa Sales Tax Act, 1947, imposing a 10% purchase tax on bamboos and standing trees agreed to be severed. Petitioners challenged the validity of these notifications, arguing that the transactions were not sales of goods, that the tax amounted to …

RAM PYAREversusRAM NARAIN & OTHERS

1985 INSC 27Appeal(s) allowed

The vendor, Matbar Mal, who held sirdari rights, deposited the amount required under Section 134 of the U.P. Zamindari Abolition & Land Reforms Act on 28 October 1961 to acquire bhumidari rights and on the same day executed a sale deed in favour of Ram Pyare. A bhumidari certificate was issued only …

S. M. MAHENDRU AND COMPANY ETC.versusSTATE OF TAMIL NADU AND ANR.

1984 INSC 234Dismissed

The petitioners, tenants in a building owned by an Apex Co‑operative Society, challenged a 1976 notification issued under section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 which exempted all buildings owned by co‑operative societies from the Act’s provisions. They argued that …

NARAIN KHAMMANversusPARDUMAN KUMAR JAIN

1984 INSC 197Appeal(s) allowed

The appellant, N. Khamman, was a tenant of P. K. Jain, a former government servant who had been allotted government residential accommodation. A 1975 government order required servants who owned a dwelling in Delhi to vacate such accommodation or pay market rent. The respondent vacated the …

SAMBANGI APPLASWAMY NAIDU & OTHERSversusBEHARA VENKATARAMANAYYA PATRO AND OTHERS

1984 INSC 162Appeal(s) allowed

Behara Venkataramanayya Patro, the mortgagor, executed two usufructuary mortgage deeds in 1939 and 1942 in favour of Sambangi Thavitinaidu, who was then a sitting tenant of the same property. After obtaining a preliminary decree for redemption, the mortgagor died and his legal representatives sought …

AMRIT BHIKAJI KALE & ORS.versusKASHINATH JANARDHAN TRADE & ANR.

1983 INSC 66Dismissed

The case concerned a 16‑acre agricultural plot in Ahmednagar where, under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, the tenant Janardhan became a "deemed purchaser" on the tiller's day of 1 April 1957. The landlord Tarachand Chopra later died leaving a will in favour of his …

KHEMCHAND SHANKAR CHOUDHARY AND ANOTHERversusVISHNU HARI PATIL AND OTHERS

1982 INSC 91Appeal(s) allowed

The case concerned a partition suit for 108 acres of land where the original decree holder assigned his 3/8 share to Vishnu Hari Patil, who initiated execution proceedings under Section 54 of the Code of Civil Procedure. During the pendency of the partition, the appellants purchased five fields from …

STATE OF ANDHRA PRADESHversusMOHD. ASHRAFUDDIN

1982 INSC 35Appeal(s) allowed

The respondent, Mohd. Ashrafuddin, owned agricultural land in Andhra Pradesh and transferred portions of it to others under unregistered sale deeds and a gift deed, but omitted these transfers in his declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The …

BABU LALversusHAZARI LAL KISHORI LAL & ORS.

1982 INSC 11Dismissed

Babu Lal purchased land from respondents 6‑9, which had earlier been agreed to be sold to respondents 1‑5. The latter sued for specific performance of their contract; the trial court dismissed, but the appellate courts decreed specific performance and ordered the sale deed to be executed in favour …

SMT. ANAND KAURversusPRITAM LAL

1982 INSC 4Appeal(s) allowed

The landlady served a notice on the tenant on 14‑December‑1973 demanding payment of "damages for use and occupation" at a rate equal to the agreed rent, stating that the tenancy had terminated and the tenant had become a statutory tenant. The tenant failed to pay within two months, later sending a …

PRASAD & ORS.versusV. GOVINDASWAMI MUDALIAR & ORS.

1981 INSC 200Appeal(s) allowed

The Karta of a joint Hindu family, K.V. Purushotham, incurred large debts in a personal fungi business and, together with his brother, executed a sale deed on 22 August 1955 transferring almost the entire family property for a nominal Rs.16,500, purportedly to discharge those debts. The sons of the …

SMT. RUKHAMANBAIversusSHIVRAM & ORS.

1981 INSC 158Dismissed

Rukhamanbai, a life‑tenant under a 1930 deed of settlement, leased agricultural land to five tenants. The tenants sought price determination from the Agricultural Lands Tribunal under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, claiming they were "deemed tenants" under …

RAJAMMAL AND ANR.versusMOOKAN @ PERIA PERUMAL THEVAL & ORS.

1981 INSC 136Dismissed

The suit concerned land that Venkataramabhadra Naidu had donated to the Bhoodan Yagna in 1953 by unregistered deeds. After the Madras Bhoodan Yagna Act, 1958 (later amended in 1964) the Bhoodan Board allotted the land to the respondents. Naidu subsequently sold the same land to the appellants in …

DEV RAJ DOGRA AND ORS.versusGYAN CHAND JAIN AND ORS.

1981 INSC 59

The case involved a mortgaged bungalow that, after a compromise decree allowing sale on default, was leased to three tenants. When the mortgagor failed to pay, the bank sold the property at a court auction and the highest bidder, Gyan Chand Jain, obtained a sale certificate. Jain applied under Order …

K.K. KRISHNANversusM. K. VIJAYA RAGHAVAN

1980 INSC 141Dismissed

The landlord sought eviction of the tenant under Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, alleging the tenant had sublet the premises without consent. The Rent Controller and successive courts upheld the eviction. The tenant argued that Section 108(j) of the …

JAMNADAS DHARAMDASversusDR. J. JOSEPH FERREIRA AND ANR.

1980 INSC 107Dismissed

The plaintiff, a landlord, leased two plots of land to the defendant, who was permitted to erect buildings. The defendant built a three‑storey structure on one plot but repeatedly defaulted on rent and tax payments, leading to forfeiture of the lease. The landlord sued for ejectment of both the land …

PRADESH KUMAR BAJPAIversusBINOD BEHARI SARKAR

1980 INSC 49Appeal(s) allowed

Pradesh Kumar Bajpai, the landlord, sued Binod Behari Sarkar for eviction, arrears of rent and mesne profits. The tenant argued that, despite the Uttar Pradesh (Temporary) Control of Rent and Eviction Act being applicable, he was entitled to the relief under Section 114 of the Transfer of Property …

VINOD KUMAR CHOWDHRYversusNARAIN DEVI TANEJA

1980 INSC 1Dismissed

The landlady (V. K. Chowdhry) sought eviction of her tenant (N. D. Taneja) under clause (e) of the proviso to section 14(1) of the Delhi Rent Control Act, claiming she needed the premises for her own residence. The Additional Rent Controller refused eviction, finding procedural deficiencies. The …

P. C. CHERIYANversusBARFI DEVI

1979 INSC 211

The plaintiff, a landlady, leased premises to the defendant for the business of retreading tyres at a rent of Rs.850 per annum. When the defendant defaulted on rent, the plaintiff served a 30‑day notice to terminate the tenancy. The defendant contended that the lease was for "manufacturing purposes" …

BISWABANI(P.) LTD.versusSANTOSH KUMAR DUTIA AND ORS.

1979 INSC 183Appeal(s) allowed

Biswabani Pvt. Ltd. occupied Kalpana Theatre under a registered lease (1948‑53) and later under a consent decree that attempted to create a fresh five‑year lease starting March 1955. The fresh lease was not registered, rendering it void under the Transfer of Property Act. After the five‑year period …

VALLIAMMA CHAMPAKA PILLAIversusSIVATHANU PILLAI AND ORS.

1979 INSC 158Dismissed

The appellant, a granddaughter of a non‑redeeming co‑mortgagor, sued for partition and possession of her one‑half share of mortgaged property that had been fully redeemed by the father of the respondents between 1913‑1918. The trial court held the suit was not barred by limitation, but the High …