Search Results Page
Search Results
1 - 10 of 11 (0.43 seconds)Narandas Karsondas vs S.A. Kamtam & Anr on 7 December, 1976
34.In AIR 1977 SC 774 (or) (1977) 3 SCC 247 [ Narandas
Karsondas Vs. S.A. Kamtam and Anothers], alibeit while examining a
https://www.mhc.tn.gov.in/judis
19
right of redemption vis-a-vis an agreement of sale, the Hon'ble Supreme
Court held as follows:-
Rani Chhatra Kumari Devi vs Mohan Bikram Shah on 8 May, 1931
“In India there is no equity or right in
property created in favour of the purchaser by the
contract between the mortgagee and the proposed
purchaser. In India, there is no distinction between
legal and equitable estates. The law of India knows
nothing of that distinction between legal and
equitable property in the sense in which it was
under- stood when equity was administered by the
Court of Chan- cery in England. Under the Indian
law, there can be but one owner that is, the legal
owner. See Rani Chhatra Kumari v. Mohan
Bikram (1) (1) (1931) 58 I.A. 279.
Rambaran Prosad vs Ram Mohit Hazra & Ors on 6 September, 1966
A contract of sale does not of itself create
any interest in, or charge on, the property. This is
expressly declared in s. 54 of the Transfer of
Property Act. See Rambaran Prasad v. Ram Mohit
Hazra(1) & Ors. C). The fiduciary character of the
personal obligation created by a contract for sale is
recognised in section 3 of the Specific Relief Act,
1963 and in section 91 of the Trusts Act. The
personal obligation created by a contract of sale is
https://www.mhc.tn.gov.in/judis
20
described in section 40 of the Transfer of Property
Act as an obligation arising out of contract and
annexed to the ownership of property, but not
amounting to, an interest or easement therein.
Section 5 in The Transfer Of Property Act, 1882 [Entire Act]
Section 40 in The Transfer Of Property Act, 1882 [Entire Act]
Section 91 in The Indian Trusts Act, 1882 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008
29.In Anathula Sudhakar Vs. P.Buchi Reddy (Dead) by LRs. and
others reported in (2008) 4 SCC 594 : 2008 (6) CTC 237, the Hon'ble
Supreme Court held as follows:-