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1 - 3 of 3 (0.16 seconds)Mohan Lal (Deceased) Throughhis Lrs. ... vs Mirza Abdul Gaffar & Anr on 12 December, 1995
8. The High Court relying upon a judgment of this Court in
Mohan Lal (deceased) through his LRs. Kachru & Ors. Vs. Mirza
Abdul Gaffar & Anr., 1996 (1) SCC 639, came to the conclusion that
since the respondents were claiming to be in possession of the
property in part performance of the agreement to sell, the plea of
acquisition of title by adverse possession was not available to them.
Learned counsel appearing for the respondents did not assail this
finding of the High Court. The view expressed in Mohan Lal
(deceased) through his LRs.
Sardar Govindrao Mahadik & Anr vs Devi Sahai & Ors on 15 December, 1981
In Sardar Govindrao Mahadik Vs. Devi Sahai, 1982 (1) SCC
237, it was reiterated that to qualify for the protection of the doctrine
of part performance it must be shown that there is an agreement to
transfer of immovable property for consideration and the contract is
evidenced by a writing signed by the person sought to be bound by it
and from which the terms necessary to constitute the transfer can be
ascertained with reasonable certainty.
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