It is a site to share short notes on law for judicial exam in india. you can comment on any post, ask for judgment on any topic and free to ask any question related to judicial exam.
Apr 12, 2009
Kishori Lal v. Chaltibai, 1959 AIR (SC) 504
From a reading of the provisions of Section 52 of the Transfer of Property Act, it is clear that any right in a suit or proceeding with regard to immovable property, which is directly and specifically in question, cannot be transferred in any manner whatsoever by either party to the suit inasmuch as it would affect the right of any other party. However, such transfer can be made with prior sanction of the Court, subject to terms as it may impose, and the same would be subject to the conclusion of the suit. From a perusal of the plaint, it is clear that the plaintiff has pleaded his readiness and willingness to perform his part of contract. However, thirty days time sought for by the plaintiff is as per clause (6) of Ex. A1 and as per the clause (1) of Ex. A1, the defendant No. 1 has to obtain Income Tax Clearance Certificate and other permissions from the authorities concerned.
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