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1 - 4 of 4 (0.16 seconds)Rambhau Namdeo Gajre vs Narayan Bapuji Dhotra (Dead) Through ... on 25 August, 2004
In this connection, reliance is placed upon by the plaintiffs' counsel on the decision reported in (2004) 8 Supreme Court Cases 614 (Rambhau Namdeo Gajre Vs. Narayan Bapuji Dhotra (Dead) Through LRs.) and as per the abovesaid decision, it is found that the transferee in part performance of the contract should satisfy the various conditions for seeking the defence contemplated under Section 53-A of the Transfer of Property Act. The conditions has been spelt out in the abovesaid decision as follows:
Shrimant Shamrao Suryavanshi And ... vs Pralhad Bhairoba Suryavanshi (D) By ... on 22 January, 2002
8. It is seen that many a times a transferee takes possession of the property in part-performance of the contract and he is willing to perform his part of the contract. However, the transferor somehow or the other does not complete the transaction by executing a registered deed in favour of the transferee, which is required under the law. At times, he tries to get back the possession of the property. In equity, the Courts in England held that it would be unfair to allow the transferor to take advantage of his own fault and evict the transferee from the property. The doctrine of part-performance aims at protecting the possession of such transferee provided certain conditions contemplated by Section 53-A are fulfilled. The essential conditions which are required to be fulfilled if a transferee wants to defend or protect his possession under Section 53-A of the Act that have been culled out of this Court in Shrimant Shamrao Suryavanshi V. Pralhad Bhairoba Suryavanshi, (2002) (3) SCC 676, are: (SCC p.682, para 16)
"16 (1) There must be a contract to transfer for consideration of any immovable property;
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
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