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PRASENJIT BISWAS
Biswanath Singha – Appellant
Versus
Sudevi Gupta – Respondent
JUDGMENT :
(Prasenjit Biswas, J.)
The instant application under Article 227 of the Constitution of India is directed against the judgment and decree dated 9th September, 2014 passed by the learned Civil Judge (Senior Division) Jhargram, Paschim Mednipur in Title Suit No.47 of 2011.
2. The petitioner filed a suit under section 6 of the Specific Relief Act for recovery of possession of a flat. The case made out by the petitioner in the plaint of the said suit in a nutshell runs thus.
3. Admittedly the suit flat belongs to the defendant No. 1 (Sudevi Gupta). There was a talk of sale in between the plaintiff and defendant No. 1 (since deceased) and she was agreed to sell the said flat to the petitioner at a consideration price of Rs. 5,15,000/-. After negotiation, the opposite parties/defendants had given liberty to the plaintiff/petitioner to use the scheduled flat on receipt of Rs. 1,15,000/- on the very first date of talk of sale. An agreement for sale was executed in between them on 08.03.2009 and this petitioner further gave Rs. 2,00,000 to the defendant No. 1 out of the total consideration money of Rs. 5,15,000/-. As per the said agreement the defendant No. 1 was obligated to sup
The court reaffirmed that in suits under Section 6 of the Specific Relief Act, the focus is solely on possession and unlawful dispossession, not on the title of the property.
In Section 6 Specific Relief Act suit, plaintiff must prove settled possession on exact dispossession date against specific defence of third-party prior occupation; trial court's perverse ignorance o....
The court ruled that a suit under Section 6 of the Specific Relief Act requires proof of dispossession within six months, and the limitation period begins from the date of dispossession, not from the....
The main legal point established in the judgment is that in a suit under Section 6 of the Specific Relief Act, the plaintiff must prove his possession and dispossession within a period of six months,....
(1) There is a difference between concept of ‘possession’ and ‘mere presence in property’.(2) Test of proving possession cannot be different for Plaintiff seeking injunction against defendant to prot....
The main legal point established in the judgment is that suits for recovery of possession under Section 6 of the Act of 1963 must be filed within six months of dispossession, and the title of the par....
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