Indian_Real_Estate_Law (2)

17.07.2022 Views

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

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

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