AIR 1975 PATNA 58 ::1974 PatLJR 27

Patna High Court

Hon'ble Judge(s): S. N. P. Singh, Sachidanand Jha , JJ

(A) Chhota Nagpur Tenancy Act (6 of 1908) , S.46— Surrender and resettlement - Adopted as devise to get over the bar against transfer by sale etc. - Resettlement is void and cannot be enforced. Contract Act (9 of 1872) , S.23— (Para 6) (B) Transfer of Property Act (4 of 1882) , S.107— Lease deed registered but not signed by the lessee - It is invalid. (Para 7) (C) Transfer of Property Act (4 of 1882) , S.53A— Lease deed registered but not signed by the lessee - Doctrine of part performance cannot be invoked to confer title even if possession was given pursuant to lease deed. The right conferred by Section 53-A is a right available only to the defendant to protect his possession. The section is so framed as to impose a statutory bar on the transferor, but it confers no active title on the transferee.(Para 8) (D) Civil P.C. (5 of 1908) , S.11— Compromise decree - Bar of res judicata is not attracted but principle of estoppel can be invoked to prevent fraud or circuity of action. Evidence Act (1 of 1872) , S.115— ....