END TERM EXAMINATION, APRIL 2016
B.A.LL.B. (HONS.)
SEMESTER-IV
Transfer of Property Act
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The marks carried by each
question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Tenancy at Will
b. Exchange
c. Things attached to Earth
d. Attestation
e. Contingent Interest
f. Mortgage by Conditional Sale
g. Transfer of Property
h. Doctrine of part-Performance
i. Constructive Notice
j. Usufructuary Mortgage.
2. "The Law always favours alienation of property rather than its accumulation." Explain this
statement with the help of decided cases. (Marks 10)
3. Discuss the conditions for the application of the doctrine of election. Also discuss the
difference between English Law and Indian Law relating to doctrine of election.
(Marks 10)
4. Explain the Doctrine of Lis Pendens. (Marks 5×2=10)
Ram agrees to sell immovable property to Rahim in 2012. Rahim files a suit in 2013,
against Ram for the specific performance of the contract to sell and for the recovery of the
said property. Pending the suit, Ram sells the property to Shyam in 2014 by a registered
deed. In 2015, Rahim's suit is dismissed on the ground that he had committed a breach of
contract of sale. In 2016, Shyam files a suit against Ram for recovering possession of the
property sold to him by Ram in 2014. Ram resists Shyam's claim on the ground that the
sale to Shyam was affected during the pendency of the suit of Rahim against Ram.
Discuss.
5. Discuss the legal presumptions in relation to the duration of a lease. (Marks 5×2=10)
Rajesh lets his land to Rajat. The lease expires but Rajat continues in possession.
Rajesh brings a suit to eject Rajat. Rajat rejects Rajesh's claim on the strength of an
unregistered lease for a further period of 10 years on an increased rent. Will Rajesh
succeed?
6. 'Once a mortgage always a mortgage.' Discuss with reference to the doctrine of clog
on the equity of redemption. (Marks 5×2=10)
Ram mortgaged his land to Shyam with possession for 5 years, the rent and profits to
be set off against interest. The mortgage deed further provided that if the mortgage was
not redeemed with in a period of 20 years from the due date, the mortgagee should treat
land as sold to him absolutely. Ram filed a suit for redemption after 20 years from the due
date. Will Ram succeed?
7. a. Discuss the right and liabilities of the seller. (Marks 5×2=10)
Ravi transfers to his wife land worth about Rs. 10, 00,000, in discharge of her future
maintenance. Is the transaction a valid sale or exchange? Discuss.