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1 - 10 of 17 (2.33 seconds)The Transfer Of Property Act, 1882
The Registration Act, 1908
The Bombay University Act, 1974
The Punjab Tenancy Rules
Anand Nivas (Private) Ltd vs Anandji Kalyanji Pedhi & Ors on 5 September, 1963
27. It is
required to be also noted that the Hon'ble Apex Court in the case of
Anand Nivas Private Ltd. (supra) referred to and relied upon
by learned counsel Mr. Shah, there is a discussion on this aspect in
Para 39 with regard to Transfer of Property (Bombay Provision for
Uniformity and Amendment) Act, 1959, wherein the applicability of the
Act in order to maintain uniformity has been considered and it has
been observed that notwithstanding the formation of the new State,
the territorial extent of laws previously in operation would continue
to apply for the purpose of uniformity.
Section 43 in The Transfer Of Property Act, 1882 [Entire Act]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
The Transfer Of Property (Amendment) Act, 2002
Sarvinder Singh vs Dalip Singh & Ors on 2 August, 1996
31. Similarly,
the judgment in the case of Sarvinder Singh
(supra), again referring to the aspect of lis pendens and alienation
pending litigation whether it would be hit by the doctrine of lis
pendens under sec. 52 of the T.P. Act was considered and the Hon'ble
Apex Court has observed, which has been much emphasised by learned
counsel Mr. Shah referring to sec. 52 of the T.P. Act that "the
property could not have been transferred or dealt with in any way
affecting the rights of the parties except with the order or
authority of the Court." Admittedly, the order or authority
has not been obtained for alienation of the property. Therefore, the
moot question which is required to be considered is whether the
transaction which has taken
place would be hit by the doctrine of lis pendens or operation of
sec. 52 of T.P. Act while considering the submissions made by the
respondents about the bona fide purchaser having purchased without
even knowledge about such litigation and admittedly when there is no
such notice as required under the Registration Act having been
published.