Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1882 - s.53A - Transfer of Property Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Transfer of Property Act, 1882 - s.53A - Part performance - Protection of possession under - Pre-requisites - When not satisfied A B - Suit by appellant-plaintiff for declaration of title in suit property and also for recovery of possession thereof which she claimed to have purchased from the sons of one 'R' - The original defendant pleaded that he purchased the suit property from 'R' and was in possession thereof in view of part performance of the contract and claimed protection of possession u/s.53A - Plea of plaintiff is that she was a bona fide purchaser for value without notice of any such agreement between 'R ' and the original defendant and even if such agreement existed, the defendant was not entitled to remain in possession of suit property without enforcing the same in law and thus not entitled to avail protection u/s.53A - Suit dismissed by trial court holding that possession of original defendant was protected u/s. 53A - Appeal by appellant, dismissed - LPA by appellant dismissed as not maintainable - On appeal, held: The evidence on record shows that an agreement for sale was indeed executed between R and the original defendant, in part performance whereof the original defendant was in possession of suit property - However, admittedly neither the original defendant nor the respondents took F recourse to law for specific performance of the agreement - Original defendant also failed to plead in the written statement his readiness and willingness to perform his part of the contract - Further, the sale deed in favour of appellant has been duly proved and in terms of evidence it is also clear that the appellant had no notice or knowledge of agreement for sale between 'R' and the original defendant, at the time of her purchase - Thus, though LPA filed by appellant-plaintiff was not maintainable, respondents not entitled to benefit of protection u/s.53A r/w. s.16, Specific Relief Act having failed to aver and prove that they have performed or have always been ready and willing to perform the essential terms of the contract to be performed by them - Suit filed by appellant accordingly decrer!d, as prayed for - Specific Relief Act, 1963 - s.16. Limitation - Bar of. for filing suit for specific performance - When inapplicable for claiming protection of possession uls.53-A, Transfer of Property Act, 1882 - Held: Mere expiry of period of limitation for a suit for specific performance may not be a bar for a person in possession of an immovable property in part performance of a contract to claim protection of possession u/s. 53A if all the essential prerequisites of s.53A are complied with - Transfer of Property Act, 1882 - s.53A. c Code of Civil Procedure (Amendment) Act, 2002 - s. l 00-A - Effect of reiterated. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 240 |
Petitioner | Vasanthi |
Respondent | Venugopal (d) Thr. Lrs. |
SCR | [2017] 4 S.C.R. 919 |
Judgement Date | 2017-03-21 |
Case Number | 4311-4312 |
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