HIDAYATULLAH NATIONAL LAW UNIVERSITY

ONLINE END-TERM EXAMINATION

(Academic Session: January-April 2020)
SEMESTER – IV
TRANSFER OF PROPERTY ACT
Instruction for Stude nts:
1. Examination Timings: 11:00 AM- 12:30 PM
2. Uploading/Sending Answer Sheets by the Students: Before 02:00 P M (The SAP
candidate s will be e ligible for e xtra 30 minutes i.e . 2:30 PM)
3. Each Question Paper carries FOUR long essay type questions and the students are
required to attempt ANY TWO, with 15 marks for each question.
4. The students are required to download the question paper immediately.
5. The answers can be typed or hand written.
a. The typed answers should be in Times Ne w Roman, font size o f 12 point
and in 1 .5 line space with standard margins; or
b. The se lf hand written answers should be in A-4 size white pape r
(ruled/unruled). It should be le gible and re adable.
c. Each answe r would be in the range of 12 00 - 15 00 words.
d. All the page s of Answe r She e ts must be ke pt in a proper se que nce with
page numbe rs.
6. The file name for sending the answer sheet should be in the follow ing format:
a. ID Number – for example – 017/2017/1601
b. Name of the Paper – for example – Family Law-I (Code-FL1)
c. Date of Examination dd/mm/yy – for e xample – 19/11/20
7. The typed answer sheets should be in a single PDF file and hand written answer
sheets should be scanned by a Scanner or through the scanning App of Mobile.
8. The students are re quired to se nd the answe r sheet on or be fo re 0 2:0 0 p.m. o n
the day of the exam to the Email ID TPA@hnlu.ac.in.
9. The Students shall be responsible for uploading of the correct version of the answer
sheets within stipulated time. Any failure on their part to upload the right file shall
lead to their answer sheets being will not be taken up for evaluation.

1. In Rajender Singh and Ors. v. Santa Singh and Ors. it was observed by the
Honourable Supreme Court that the doctrine of ‘Lis pendens’ was intended to strike at
attempts by parties to a litigation to circumvent the jurisdiction of a Court, in which a
dispute on rights or interests in immovable property is pending, by private dealings
which may remove the subject matter of litigation from the ambit of the court's power
to decide a pending dispute or frustrate its decree. Alienees acquiring any immovable
property during pending litigation, are held to be bound by an application of the
doctrine, by the decree passed in the suit even though they may not have been
impleaded in it. The whole object of the doctrine of Lis pendens is to subject parties
to the litigation as well as others, who seek to acquire rights in immovable property,
which are the subject matter of litigation, to the power and jurisdiction of the Court so
as to prevent the object of a pending action from being defeated.

In the above backdrop, critically analyse the application and non-application of

doctrine of Lis pendens in the transferred property. (Mark s 15)

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2. The property mortgaged is only a security for the payment of the money lent. The
mortgagor is entitled to get back his property on payment of the principal and interest
after the expiry of the due date for the repayment of the mortgagee's money. This right
of the mortgagor is called the Right of Redemption and is an essential ingredient of a
mortgage process. The mortgagor's right of redemption is not merely a contractual
right. It is a legal right given to him by the statute itself under Section 60 of the
Transfer of Property Act, 1882. Critically analyse the contradiction of rights of parties
to a mortgage with the help of relevant case laws. (Mark s 15)

3. Justice Sutherland in Ellsworth v. Lockwood, explained that, “Subrogation or

substitution by operation of law to the rights and interests of mortgagee in the land is
by redemption and redemption is payment of mortgage debt after forfeiture by terms
of mortgage contract so that really subrogation or substitution by operation of law
arises or proceeds on the theory that the mortgage debt is paid. If the holder of a bond
assigned to it a party claiming a right to redeem the latter is subrogated by the
assignment to the mortgage debt and mortgage security and to the instrument
evidencing such debt and security and there is no room or occasion for subrogation by
operation of law.” Discuss the relevance of above observation in present scenario.
Also talk about the kinds of subrogation and their implications in respect of
contribution. (Mark s 15)

4. A Lease is not a mere contract but envisages and transfers an interest in the demised
property creating a right in favour of the lessee in rem. Elucidate the law relating to
creation and determination of lease under Transfer of Property Act. Also differentiate
between lease and license. (Mark s 15)
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