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J. B. PARDIWALA, R. MAHADEVAN
Giriyappa – Appellant
Versus
Kamalamma – Respondent
ORDER :
1. Delay condoned.
2. This petition arises from the order passed by the High Court of Karnataka at Bengaluru dated 23-8-2024 in Regular Second Appeal No.1740/2008, by which the appeal filed by the petitioners – herein (original defendants) came to be dismissed, thereby affirming the judgment and order passed by the First Appellate Court and also the judgment and decree passed by the Trial Court.
3. We have heard Mr. Anand Sanjay M. Nuli, the learned Senior counsel appearing for the petitioners.
4. It appears from the materials on record that the respondents – herein (original plaintiffs) instituted Original Suit No.364/1988 for declaration of title and recovery of possession.
5. The suit came to be decreed in favour of the respondents (original plaintiffs). The Regular First Appeal filed by the petitioners – herein came to be dismissed and so also the Second Appeal by the High Court.
6. In the Second Appeal, the High Court formulated the following substantial questions of law:-
Part-performance – Protection of a prospective purchaser/transferee of his possession of property involved, is conditionally available.
A party must demonstrate readiness and willingness to perform contractual obligations to invoke protections under Section 53-A of the Transfer of Property Act.
An unregistered agreement cannot support a claim for possession under Section 53A of the Transfer of Property Act, requiring a registered document for legal recognition.
Suit filed simpliciter for injunction where claim is founded purely to claim protection under Section 53-A of Transfer of Property Act is not maintainable. Such a suitor is not entitled to claim reli....
The doctrine of part-performance under Section 53A requires a valid contract and necessary parties; absence of these precludes claims under this section.
(1) Mere sale agreement does not create any right or interest in property.(2) Right and remedy for enforcement are mutually exclusive jurisprudential concepts.(3) A person who invokes protection of S....
Civil Law - Dismissal of suit for permanent injunction and restoration of possession in suit property - provision of order VII, Rule II(b) that a Court has to come to a finding that relief claimed ha....
(1) Part Performance – To claim benefit under Section 53-A of Transfer of Property Act, 1882 there shall be necessary pleadings – In absence of necessary pleadings, benefit under the provision cannot....
An unregistered possessory agreement does not confer rights to the property and cannot be enforced for possession under Section 53-A of the Transfer of Property Act.
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