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1 - 10 of 29 (4.72 seconds)The Code of Civil Procedure, 1908
Section 41 in The Specific Relief Act, 1963 [Entire Act]
Section 10 in The Transfer Of Property Act, 1882 [Entire Act]
Section 9 in The Transfer Of Property Act, 1882 [Entire Act]
Mahadeo Nathuji Patil vs Surjabai Khushalchand Lakkad And Ors. on 2 November, 1993
21. In the present case, it is not disputed that the transferee
has taken possession over the property in part-performance of
the contract. It is also not disputed that the transferee has not
brought any suit for specific performance of the agreement to
sell within the period of limitation. It is also not disputed that
the transferee was always and is still ready and willing to
perform his part of the contract. Further, the view taken by
the High Court in judgment under appeal was overruled by
the Full Bench of the Bombay High Court in the case
of Mahadeo Nathuji Patil v. Surjabai Khushalchand
Lakkad which, according to our view, lays down the correct
view of law. In that view of the matter these appeals deserve
to be allowed.
The Transfer Of Property Act, 1882
Delhi Motor Company And Ors vs U.A. Basrurkar And Ors on 8 January, 1968
In Delhi Motor Co. v. U.A.
Basrurkar, a Bench of three Judges had held that Section
53-A is meant only to bring out a bar against the
enforcement of a right by a lessor in respect of the
property of which the lessee had already taken possession
but does not give any right to the lessee to claim
possession or to claim any other right on the basis of an
unregistered lease. Section 53-A is available only as a
defence to a lessee and not as conferring a right on the
basis of which the lessee can claim rights against the
lessor.
Pandit Ram Chander vs Pandit Maharaj Kunwar And Ors. on 25 April, 1939
Insofar as the judgment of the Supreme Court in the case
of Delhi Motor Co, referred to above is concerned, it becomes
clear from the observations of the Supreme Court in paragraph
7 of that judgment that the Supreme Court has referred to the
judgment of the Allahabad High Court in the case of Ram
Chander v. Maharaj Kunwar, as also the judgment of the Privy
Council in the case of Probodhkumar Das.