Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act 1882 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882 : Section 53-A-Part performance-Statutory protection under the Section-Suit for possession of property by transferor against transferee- Transferee in possession of property in pursuance to part performance of agreement for sale-Held, such transferee can defend or protect his possession-Also such protection is available even if a suit for specific performance of an agreement to sell is barred by limitation since Limitation Act does not extinguish a defence, but only bars the remedy-Limitation Act,1963. Interpretation of statutes: Rule of construction-While construing the provisions of a statute courts could legitimately take into consideration any document or report preceding that legislation.Respondent No. 3 executed sale agreement of land in favour of appellant No. 1 for consideration towards which earnest money was paid. Appellants got the possession of the land after which they came to know that respondent No. 3 was negotiating for sale of the said land in favour of respondent No. 1. Appellants filed injunction suit which was allowed. However, respondent No. 3 sold the land through a registered sale deed in favour of respondent No. 1. Respondent No. 1 filed suit for possession of the land. Both the trial Court and the Single Judge of High Court dismissed the suit. However, Letters Patent Appeal was allowed on the ground that the protection as regards possession was not available to the appellants as the suit for specific performance of agreement for sale was barred by limitation. Hence the present appeal. Appellants contended that even though the suit for specific performance of the agreement for sale was barred by limitation, he can defend his possession under Section 53A of the Act so long as he is willing and ready to perform his part of the contract. Respondents contended that once a remedy for specific performance of an agreement for sale is lost by limitation, the equitable relief of protection of possession of the suit property under the agreement for sale also comes to an end and is lost. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 2002 INSC 40 |
Petitioner | Shrlmant Shamrao Suryavanshl And Anr. |
Respondent | Pralhad Bhalroba Suryavanshi (d) By Lrs. And Ors. |
SCR | [2002] 1 S.C.R. 393 |
Judgement Date | 2002-01-22 |
Case Number | 2706 |
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