Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Transfer of Property Act, 1882, S.53A-Part Performance of contract-Payment of part of consideration-Agreement of sale fraudulently made in order to defeat right of decree holder to proceed against property-Possession given to third party-Right of third party under S. 53-A. A sum of Rs. 1,31,596.07 was due from Secretary of Respondent No. 1 and an award for recovery was made against him. Land of the debtor was attached to recover the dues. Public Notice was published. Appellant filed Special Civil Suit for declaration and for permanent injunction restraining the second Respondent from selling the land and also for perpetual injunction restraining him from interfering with the appellant's possession and enjoyment of the land before Senior Civil Judge. The Trial Court decreed the suit. On appeal the Division Bench of the High Court allowed the appeal and dismissed the suit. In the present appeal it was contended on behalf of the Appellant that by operation of Section 53-A of the Transfer of Property Act, he was entitled to retain possession of the land; that he had already performed his part of the contract except payment of a sum of Rs. 5000 which was to be paid at the time of registration of the document; he having had lawful agreement is entitled to the declaration as prayed for and the consequent injunctions; the attachment of the property being subsequent to the agreement the appellant was entitled to resist the action of the respondents. Dismissing Petition |
Judge | N/A |
Neutral Citation | 1995 INSC 851 |
Petitioner | Patel Natwarlal Rupji |
Respondent | Shri Kondh Group Kheti Vishayak And Anr |
SCR | [1995] Supp. (6) S.C.R. 289 |
Judgement Date | 1995-12-06 |
Case Number | 11280 |
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