status quo was made - which enjoined all the
parties not to sell, transfer or create any other rights in respect of the suit
property ... sole and absolute owner of the suit
property, Rajiv could not have transferred title to the Khannas either through
the documents dated
usual agreement for sale/transfer,
where the contract is enforceable and if the defendant
fails to comply with the decree for specific
performance, the court
statutory
authorities, tenants etc. Accordingly the Plaintiff is entitled
to a decree of permanent injunction thereby restraining the
Defendant, his agents and representatives from selling ... transferring or parting with possession of share
of Plaintiff in the Suit Properties to any third person. The
Plaintiff is also entitled to a decree
Transfer of
Property Act was not feasible. Resultantly the purchaser had no defense in
the possession suit. A decree for possession had to follow ... enforce the decree for specific performance of the contract, but
that was no bar to the court passing a decree for that relief. The Supreme
respondent (hereafter "the plaintiff") filed a suit seeking decree of
possession, recovery of damages and permanent injunction in relation to the
suit property ... period thereafter. A decree of permanent injunction was also sought
restraining the defendant/MAP from selling, alienating and transferring the
said suit property
compromise
decree passed. The impugned order stated that such a decree does not
bind any third person and upheld the University's objection ... suit void but render the transfer inoperative insofar
as the other parties to the suit. Transfer of any right, title or interest
in the suit
High Court permitted parol evidence and the Supreme Court
affirmed the decree. Tyagaraja Mudaliar (supra) was a case where the
plaintiff, a widow with separate ... 2014 Page 20
disregarded the document. The Privy Council affirmed the concurrent
decree, holding that Section 92 did not operate to exclude evidence
presented
partnership deed without any consideration cannot be the source of a valid
transfer. It is hereby also pointed out that the partnership deed ... redemption under Section
58 of the Transfer of Property Act, 1882, and as such the transfer of his title
by the Bank completely ignored provisions
where the terms of the gift, will or other instrument or
the decree, order or award prescribe a restricted estate in such
property ... scope and
ambit of sub-section (2), even if the instrument, decree, order or
RFA (OS) 147/2013 Page 9
award allotting the property prescribes
that the
RFA(OS) 92/2015 Page 2
fourth and fifth defendants transferred their shareholding to the Singh Group
comprising Sh. Kiranjit Singh, Sh. Manvajit ... Section 55 of the Transfer of Property Act but also as per the provision of
Delhi Land (Restriction on Transfer) Act, 1972 which specifically provides
