commenced in wrong and maintained
against right--Purchaser getting possession under executory
contract of sale--Whether could contend possession was
adverse.
HEADNOTE:
A, the owner ... lawful title. The purchaser who got into possession
under an executory contract of sale in a permissible charac-
ter cannot contend that his possession
quoted herein below (Para 9):
In the case of an executory contract of sale where the transferee is put in possession of the property ... property. On the other hand in the case of an executory contract the possession of the transferee until the date of registration of the conveyance
lawful title. The
purchaser who got into possession under an
executory contract of sale in a permissible character
cannot be heard to contend that ... contract, it cannot be
adverse.
10. In the case of an executory contract of sale
where the transferee is put in possession of the
property
lawful title. The
purchaser who got into possession under an executory contract of sale in a
permissible character cannot be heard to contend that ... contract, it cannot
be adverse. In the case on an executory contract of sale where the transferee
is put in possession of the property
respondent, at the most, can be treated as an executory contract, enforceable in law, if other ingredients pleaded are proved.
10. The question ... whether the plea of adverse possession and right under executory contract, can go together, was the subject-matter of judgment of the Supreme Court
defendants. There cannot be any in presenti breach of an
executory contract which Ext.A-1 is. In other words, what
was attempted through ... created. According to the plaintiff, Ext.A-1 is an executory contract with
reciprocal contractual obligations to be performed in a certain sequence. And
hence
contract. Section 175(3) of the Government of India Act, provides how such a contract is to be made. Such contracts must be expressed ... executory contracts and not to contracts like the one in suit. It is urged that in this case the contract which was a contract
paying previously. The agreement was not of the nature of an executory contract like that in Srish Chandra Roy v. Banomali ... were bound by the settlement As the settlement was not an executory contract I am of opinion that the plaintiff is entitled
Limitation Act, 1963 in the case of an executory contract of sale
where vendee getting possession of the property under agreement of
sale while parties ... lawful title. The purchaser who got into
possession under an executory contract of sale in a
permissible character cannot be heard to contend that
claim to equitable
remedy to enforce his- rights under an executory contract,
mere waiver, acquiescence or laches which does, not amount
to an abandonment ... claim to equitable
remedy to enforce his rights under an executory contract, it
is quite clear, on the authorities, that mere waiver,
acquiescence or laches
