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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Madhab Chandra Das – Appellant
Versus
Khargeswar Das – Respondent
JUDGMENT :
Heard Mr. A.C. Sarma, the learned Senior Counsel assisted by Mr. G. Bharadwaj, the learned counsel appearing on behalf of the Appellant. Mr. R. Ali, the learned counsel appears on behalf of the Respondents.
2. The present appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (for short, “the Code”) challenging the judgment and decree dated 10.07.2015 passed by the learned Court of the Civil Judge, Kamrup at Amingaon (hereinafter referred to as, “the learned First Appellate Court”) in Title Appeal No. 12/2014 whereby the judgment and decree passed on 10.10.2013 by the learned Munsiff, Rangia (hereinafter referred to as, “the learned Trial Court”) in Title Suit No. 21/2010 was affirmed.
3. It is seen from the records that the learned Coordinate Bench of this Court vide an order dated 20.06.2016 had admitted the instant appeal by formulating a substantial question of law which reads as under:
“Whether the suit of the plaintiff is barred under Section 53A of the Transfer of Property Act 1882?”
4. The question arises, as to whether, the substantial question of law so formulated by the learned Coordinate bench of this Court vide the order dated 20.06.2016 is involv
The doctrine of part-performance under Section 53A requires a valid contract and necessary parties; absence of these precludes claims under this section.
A party must demonstrate readiness and willingness to perform contractual obligations to invoke protections under Section 53-A of the Transfer of Property Act.
It is true that agreement for sale does not create any interest in property sought to be purchased as contemplated under Section 54 of the T.P. Act. Once the transferee becomes a full owner on transf....
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....
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....
Part performance--Injunction--Held; where the transferee omitted to sue for specific performance and had not sued for it specifically and his suit is now for all intents purposes barred by law, he ca....
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.
A plaintiff seeking specific performance must demonstrate readiness and willingness to perform the contract; failure to do so negates the right to enforce the agreement.
(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....
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