Indian_Real_Estate_Law (2)
Indian Real Estate Laws 132Illustrations (a) A grants B a right to walkover A ’s field whenever he pleases. The rightis not annexed to any immovable property ofB. The right cannot be transferred. (b) TheGovernment grant B a license to erect and usetemporary grainsheds on Government land. Inthe absence of express provision to the contrary,B ’s servants may enter on the land forthe purpose of erecting sheds, erect the same,deposit grain therein and remove grain therefrom.57. Grantor’s duty to disclose defects.-The grantor of a license is bound to disclose tothe licensee any defect in the property affectedby the license, likely to be dangerous to theperson or property of the licensee, of which thegrantor is, and the licensee is not, aware. 58.Grantor’s duty not to render property unsafe.-The grantor of a license is bound not to doanything likely to render the property affectedby the license dangerous to the person or propertyof the licensee. 59. Grantor’s transfereenot bound by license.-When the grantor of thelicense transfers the property affected thereby,the transferee is not as such bound by the license.60. License when revocable.-A licensemay be revoked by the grantor, unless- (a)it is coupled with a transfer of property andsuch transfer is in force; (b) the licensee, actingupon the license, has executed a work ofa permanent character and incurred expensesin the execution. 61. Revocation express orimplied.-The revocation of a license may be expressor implied. Illustrations (a) A, the ownerof a field, grants a license to B, to use a pathacross it. A, with intent to revoke the license,locks a gate across the path. The license isrevoked. (b) A, the owner of a field, grants alicense to B to stack hay on the field. A letsor sells the field to C. The license is revoked.62 License when deemed revoked. -A license isdeemed to be revoked- (a) when, from a causepreceding the grant of it, the grantor ceasesto have any interest in the property affectedby the license; (b) when the licensee releasesit, expressly or impliedly, to the grantor or hisrepresentative; (c) where it has been grantedfor a limited period, or acquired on conditionthat it shall become void on the performanceor non-performance of a specified act, and theperiod expires, or the condition is fulfilled; (d)where the property affected by the license isdestroyed or by superior force so permanentlyaltered that the licensee can no longer exercisehis right; (e) where the licensee becomesentitled to the absolute ownership of the propertyaffected by the license; (f) where the licenseis granted for a specified purpose andthe purpose is attained, or abandoned, or becomesimpracticable; (g) where the license isgranted to the licensee as holding a particularoffice, employment or character, and suchoffice, employment or character ceases to exist;(h) where the license totally ceases to beused as such for an unbroken period of twentyyears, and such cessation is not in pursuanceof a contract between the grantor and the licensee;(i) in the case of an accessory license,when the interest or right to which it is accessoryceases to exist. 63. Licensee’s rights onrevocation.-Where a license is revoked, the licenseeis entitled to a reasonable time to leavethe property affected thereby and to removeany goods which he has been allowed to placeon such property. 64. Licensee’s rights oneviction.-Where a license has been granted fora consideration, and the licensee, without anyfault of his own, is evicted by the grantor beforehe has fully enjoyed, under the license,the right for which he contracted, he is entitledto recover compensation from the grantor.1. The Act was extended to- 2. Subs. by theA.O. 1950, for "Crown". tc" 3. Subs. by theA.O. 1950, for "Crown"." 3. Subs. by Act 10of 1914, sec. 2 and Sch. I, for section 3. tc"1. Subs. by Act 10 of 1914, sec. 2 and Sch.I, for section 3." 4. Subs. by Act 12 of 1891,sec. 2 and Sch. II, for "right". tc" 1. Subs. byAct 12 of 1891, sec. 2 and Sch. II, for "right"."5. But see section 36, infra, as to abatementof obstruction of easement. 6. But see section50, infra, as to extinguishment or suspensionof easement. tc" 2. But see section 50, infra, asto extinguishment or suspension of easement."7. See now the Specific Relief Act, 1963 (47 of1963). tc" 1. See now the Specific Relief Act,1963 (47 of 1963)." 8. See now the RegistrationAct, 1908 (16 of 1908).5.0 5. THE INDIAN EASEMENTS ACT, 1882
6The Indian Contract Act, 1872The Indian Contract Act, 18726.1 Short title1..—This Act may be called the Indian ContractAct, 1872. —This Act may be calledthe Indian Contract Act, 1872." Extent, Commencement.—Itextends to the whole of India1 [except the State of Jammu and Kashmir];and it shall come into force on the first day ofSeptember, 1872. (Saving) — 2 [***] Nothingherein contained shall affect the provisions ofany Statute, Act or Regulation not hereby expresslyrepealed, nor any usage or custom oftrade, nor any incident of any contract, notinconsistent with the provisions of this Act.6.2 Interpretation-clause2. .—In this Act the following words and expressionsare used in the following senses, unlessa contrary intention appears from the context:——In this Act the following words andexpressions are used in the following senses,unless a contrary intention appears from thecontext —" (a) When one person signifies toanother his willingness to do or to abstain fromdoing anything, with a view to obtaining theassent of that other to such act or abstinence,he is said to make a proposal; (b) When theperson to whom the proposal is made signifieshis assent thereto, the proposal is saidto be accepted. A proposal, when accepted,becomes a promise; (c) The person makingthe proposal is called the “promisor”, and theperson accepting the proposal is called the“promisee”; (d) When, at the desire of thepromisor, the promisee or any other personhas done or abstained from doing, or does orabstains from doing, or promises to do or toabstain from doing, something, such act or abstinenceor promise is called a considerationfor the promise; (e) Every promise and everyset of promises, forming the considerationfor each other, is an agreement; (f) Promiseswhich form the consideration or part of theconsideration for each other, are called reciprocalpromises; (g) An agreement not enforceableby law is said to be void; (h) An agreementenforceable by law is a contract; (i) Anagreement which is enforceable by law at theoption of one or more of the parties thereto,but not at the option of the other or others,is a voidable contract; (j) A contract whichceases to be enforceable by law becomes voidwhen it ceases to be enforceable.6.3 Communication, acceptanceand revocationof proposals3. .—The communication of proposals, theacceptance of proposals, and the revocationof proposals and acceptances, respectively, aredeemed to be made by any act or omissionof the party proposing, accepting or revoking,by which he intends to communicate suchproposal, acceptance or revocation, or whichhas the effect of communicating it. —Thecommunication of proposals, the acceptanceof proposals, and the revocation of proposalsand acceptances, respectively, are deemed to133
- Page 95 and 96: 81 Indian Real Estate Lawsnot, but
- Page 97 and 98: 83 Indian Real Estate Laws4.14 Tran
- Page 99 and 100: 85 Indian Real Estate Laws(a) A tra
- Page 101 and 102: 87 Indian Real Estate Lawsby an ins
- Page 103 and 104: 89 Indian Real Estate Lawstract and
- Page 105 and 106: 91 Indian Real Estate Laws4.45 Tran
- Page 107 and 108: 93 Indian Real Estate Lawsconveyanc
- Page 109 and 110: 95 Indian Real Estate Lawsand the i
- Page 111 and 112: 97 Indian Real Estate Laws4.53 Obli
- Page 113 and 114: 99 Indian Real Estate Lawswill at t
- Page 115 and 116: 101 Indian Real Estate Laws(a) or c
- Page 117 and 118: 103 Indian Real Estate Lawsattended
- Page 119 and 120: 105 Indian Real Estate Lawsgage, th
- Page 121 and 122: 107 Indian Real Estate Lawsreasonab
- Page 123 and 124: 109 Indian Real Estate Lawsor agent
- Page 125 and 126: 111 Indian Real Estate Lawsat the p
- Page 127 and 128: 113 Indian Real Estate Lawsnot a wa
- Page 129 and 130: 115 Indian Real Estate Lawsof the d
- Page 131 and 132: 117 Indian Real Estate Laws4.119 Mo
- Page 133 and 134: 5The Indian Easements Act, 18821 Sh
- Page 135 and 136: 121 Indian Real Estate Lawswater un
- Page 137 and 138: 123 Indian Real Estate Lawsis entit
- Page 139 and 140: 125 Indian Real Estate Lawstained i
- Page 141 and 142: 127 Indian Real Estate Lawsthe accu
- Page 143 and 144: 129 Indian Real Estate Lawsment of
- Page 145: 131 Indian Real Estate Lawspossessi
- Page 149 and 150: 135 Indian Real Estate Lawsto fulfi
- Page 151 and 152: 137 Indian Real Estate Lawstracts a
- Page 153 and 154: 139 Indian Real Estate Lawsat 6 per
- Page 155 and 156: 141 Indian Real Estate Lawssuperint
- Page 157 and 158: 143 Indian Real Estate Lawsthing al
- Page 159 and 160: 145 Indian Real Estate Lawssions of
- Page 161 and 162: 147 Indian Real Estate Lawsmakes de
- Page 163 and 164: 149 Indian Real Estate Lawshim a no
- Page 165 and 166: 151 Indian Real Estate Lawsified ti
- Page 167 and 168: 153 Indian Real Estate Lawsing to w
- Page 169 and 170: 155 Indian Real Estate Lawshouse. B
- Page 171 and 172: 157 Indian Real Estate Lawsthe time
- Page 173 and 174: 159 Indian Real Estate Lawsrebuildi
- Page 175 and 176: 161 Indian Real Estate Lawswho righ
- Page 177 and 178: 163 Indian Real Estate Lawsto sell
- Page 179 and 180: 165 Indian Real Estate Lawsthe natu
- Page 181 and 182: 167 Indian Real Estate Lawsthe secu
- Page 183 and 184: 169 Indian Real Estate Lawsa less a
- Page 185 and 186: 171 Indian Real Estate Lawsaccident
- Page 187 and 188: 173 Indian Real Estate Lawsfrom tha
- Page 189 and 190: 175 Indian Real Estate Lawsand all
- Page 191 and 192: 177 Indian Real Estate Lawsis said
- Page 193 and 194: 179 Indian Real Estate Laws—Where
- Page 195 and 196: 181 Indian Real Estate LawsA. The n
6
The Indian Contract Act, 1872
The Indian Contract Act, 1872
6.1 Short title
1..—This Act may be called the Indian Contract
Act, 1872. —This Act may be called
the Indian Contract Act, 1872." Extent, Commencement.—It
extends to the whole of India
1 [except the State of Jammu and Kashmir];
and it shall come into force on the first day of
September, 1872. (Saving) — 2 [***] Nothing
herein contained shall affect the provisions of
any Statute, Act or Regulation not hereby expressly
repealed, nor any usage or custom of
trade, nor any incident of any contract, not
inconsistent with the provisions of this Act.
6.2 Interpretation-clause
2. .—In this Act the following words and expressions
are used in the following senses, unless
a contrary intention appears from the context:—
—In this Act the following words and
expressions are used in the following senses,
unless a contrary intention appears from the
context —" (a) When one person signifies to
another his willingness to do or to abstain from
doing anything, with a view to obtaining the
assent of that other to such act or abstinence,
he is said to make a proposal; (b) When the
person to whom the proposal is made signifies
his assent thereto, the proposal is said
to be accepted. A proposal, when accepted,
becomes a promise; (c) The person making
the proposal is called the “promisor”, and the
person accepting the proposal is called the
“promisee”; (d) When, at the desire of the
promisor, the promisee or any other person
has done or abstained from doing, or does or
abstains from doing, or promises to do or to
abstain from doing, something, such act or abstinence
or promise is called a consideration
for the promise; (e) Every promise and every
set of promises, forming the consideration
for each other, is an agreement; (f) Promises
which form the consideration or part of the
consideration for each other, are called reciprocal
promises; (g) An agreement not enforceable
by law is said to be void; (h) An agreement
enforceable by law is a contract; (i) An
agreement which is enforceable by law at the
option of one or more of the parties thereto,
but not at the option of the other or others,
is a voidable contract; (j) A contract which
ceases to be enforceable by law becomes void
when it ceases to be enforceable.
6.3 Communication, acceptance
and revocation
of proposals
3. .—The communication of proposals, the
acceptance of proposals, and the revocation
of proposals and acceptances, respectively, are
deemed to be made by any act or omission
of the party proposing, accepting or revoking,
by which he intends to communicate such
proposal, acceptance or revocation, or which
has the effect of communicating it. —The
communication of proposals, the acceptance
of proposals, and the revocation of proposals
and acceptances, respectively, are deemed to
133