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1 - 10 of 19 (0.37 seconds)Section 54 in The Transfer Of Property Act, 1882 [Entire Act]
The Indian Contract Act, 1872
Narandas Karsondas vs S.A. Kamtam & Anr on 7 December, 1976
This Court in Narandas Karsondas v. S.A. Kamtam
and Anr. (1977) 3 SCC 247, observed:
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 Section 54 of
the Transfer of Property Act. See Rambaran Prosad v. Ram Mohit
Hazra [1967]1 SCR 293. 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 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." In India, the word
'transfer' is defined with reference to the word 'convey'. The word
'conveys' in section 5 of Transfer of Property Act is used in the wider
sense of conveying ownership... ...that only on execution of
conveyance ownership passes from one party to another...."
State Of Rajasthan & Ors vs Basant Nahata on 7 September, 2005
In State of Rajasthan vs.
Basant Nehata - 2005 (12) SCC 77, this Court held :
Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008
In the facts and circumstances of the present case, in view of
provisions of Section 41 (h) of the Specific Relief Act and in the light
of law laid down in Anathula Sudhakar's case (supra), equally
efficacious reliefs available to the plaintiff would have been the
relief of declaration of ownership with possession of the portion in
possession of the defendant but the plaintiff has failed to seek these
reliefs. The relief of injunction simplicitor cannot be granted.