Section 40 The Transfer of Property Act, 1882

 

 Section 40 The Transfer of Property Act, 1882: 

 Burden of obligation imposing restriction on use of land.—Where, for the more beneficial enjoyment of his own immoveable property, a third person has, independently of any interest in the immoveable property of another or of any easement thereon, a right to restrain the enjoyment 1[in a particular manner of the latter property], or Or of obligation annexed to ownership but not amounting to interest or easement.—Where a third person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of immoveable property, but not amounting to an interest therein or easement thereon, such right or obligation may be enforced against a transferee with notice thereof or a gratuitous transferee of the property affected thereby, but not against a transferee for consideration and without notice of the right or obligation, not against such property in his hands. Illustration A contracts to sell Sultanpur to B. While the contract is still in force he sells Sultanpur to C, who has notice of the contract. B may enforce the contract against C to the same extent as against A.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 40 The Transfer of Property Act, 1882: 

Rabia Bai vs The Custodian-General Of on 12 January, 1961

Industrial Investment Bank Of  vs M/S. Jain Cables Pvt. Ltd. & Ors on 5 January, 2011

Safali Roy Choudhury & Ors vs Amarendra Kumar Dutta on 6 May, 1976

Smt. Sefali Roy Chowdhary And Ors. vs A.K. Dutta on 6 May, 1976

Rambaran Prosad vs Ram Mohit Hazra & Ors on 6 September, 1966

R. Kempraj vs M/S. Barton Son & Co on 29 August, 1969

Soni Lalji Jetha & Ors vs Soni Kalidas Devchand & Ors on 14 October, 1966

Rabia Bai vs The Custodian-General Of Evacuee  on 12 January, 1961

Shri Shivji vs Shri Raghunath (Dead) By L.Rs. & on 20 February, 1997

Kapilaben vs Ashok Kumar Jayantilal Sheth on 25 November, 2019

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