Property Matters Flat-owners had the benefit of staying in the flats for a period of 8-9 years on an average HELD Flat-owners are not entitled for any interest on the amounts paid by them to the builders. May 16, 2022 sclaw
Property Matters HELD Since the appellant has deposited a total sum of Rs.3,84,546/ (including interest) against the total value/cost of Rs.2,70,000/.the plot being still vacant and not allotted to any other person, the order of cancellation may be set aside. May 16, 2022 sclaw
Property Matters In proceedings initiated under the Urban Land Ceiling Act, 1978 the possession of excess urban land was taken over well before the Repeal Act came into force. In the premises, the Writ Petition filed by the present Review Petitioner was found to be without any substance March 19, 2022 sclaw
Property Matters HELD In the event, the appellant-Society is required to replace the present developer, while entering into a development agreement with the new developer, a clause shall be added therein incorporating an undertaking of the new developer that he shall abide by the directions contained in this Order. February 20, 2022February 20, 2022 sclaw
Property Matters Madhya Pradesh Public Trusts Act, 1951 – Sections 14 and 36 – Madhya Pradesh Trust Rules, 1962 – Rule 9 – Sanction for disposal of trust property – Aim of public control is to ensure that the trust is administered efficiently and smoothly – State interest is that far, and no more; it cannot mean that the state can dictate what decisions can or cannot be taken February 5, 2022 sclaw
Property Matters Transfer of Property Act, 1882 – Sections 122 and 123 – Contract Act, 1872 – Section 16(3) – Gift deed – Ordinarily, no one is expected to sign or execute a document without knowing its contents, but if it is pleaded that the party executing the document did not know the contents thereof then it may, in certain circumstances, be necessary for the party seeking to prove the document to place material before the court to satisfy it that the party who executed the document had the knowledge of its contents January 29, 2022 sclaw
Property Matters Waqf Act, 1995 – Sections 83 and 85 – Suit for permanent injunction – Bar of jurisdiction of civil court – to say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) – Therefore, to allow the plaintiff to ignore the Waqf Tribunal and to seek a decree of permanent injunction and mandatory injunction from a civil court, would be ignore the mandate of section 83 and 85 December 16, 2021 sclaw
Property Matters Transfer of Property Act, 1882 – Section 54 – Sale deed – Payment of price is an essential part of a sale covered by section 54 of the TP Act. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law. It is of no legal effect – Therefore, such a sale will be void – It will not effect the transfer of the immovable property. November 22, 2021November 22, 2021 sclaw
Property Matters Execution of lease deed – Determination of market value plot – In order, it has been specifically observed that so far as the dispute of the balance enhanced amount is concerned, the same shall be settled and disposed of after exchange of affidavits – In that view of the matter the High Court has erred in observing that the rate of Rs.5900/ per sq.meter mentioned in the lease deed shall be conclusive and final and binding between the parties. September 25, 2021 sclaw
Property Matters Determination of lease – Waiver of forfeiture – when the lessee is given the benefit of such property and the breach of the condition imposed is alleged, the strict construction of the forfeiture clause against the lessor in all circumstances would not arise as otherwise it would render the clause in the lease deed otiose – Parties are governed by the terms in the contract and as such the lessee cannot claim – a court will not assist a lessee in extricating himself or herself from the circumstances that he or she has created, in the name of equitable consideration September 12, 2021 sclaw
