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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
Belwin Raj S/o. Siras Benson – Appellant
Versus
Muttayyan – Respondent
JUDGMENT :
Plaintiffs 1 and 2 in O.S.No.1472 of 1995 on the files of the 1st Additional Sub Court, Thiruvananthapuram, have filed R.F.A.No.52/2004, challenging the decree and judgment in the above suit dated 23.07.2003, arraying defendants in the suit as the respondents. In the meanwhile, the 1st defendant died and defendants 2 to 4 were recorded as his legal heirs vide order dated 15.12.2023 in I.A.No.1/2023.
2. R.F.A.No.433/2004 is at the instance of defendants 1 to 4, challenging dismissal of a counter claim on disallowing the prayer for specific performance of agreement for sale. The respondents are the plaintiffs in the above suit. During pendency of this appeal, 1st defendant died. Accordingly defendants 2 to 4/appellants 2 to 4 were recorded as the LR of the 1st defendant. Apart from that additional 5th appellant also impleaded as LRs of the 1st defendant.
3. Heard the learned counsel on both sides. Perused the verdict under challenge and the decisions placed by both sides.
4. In order to have an effective discussion of the case, the parties in these appeals will be referred as to their status before the trial court.
5. Plaintiffs filed suit for declaration of title in respect of
The amendment to a counter claim for specific performance was not barred by limitation, and possession under Section 53A was upheld.
(1) Amendment of plaint – When basic structure of suit/counter claim is not altered by proposed amendment and only nature of relief is sought to be changed allowing amendment with a view to curtail m....
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.
A party must demonstrate readiness and willingness to perform contractual obligations to invoke protections under Section 53-A of the Transfer of Property Act.
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....
The main legal point established in the judgment is that the right to sue for specific performance can be lost due to the limitation period, leading to the grant of possession to the defendants.
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 for declaration and recovery of possession - Decreed - Suit for declaration and recovery of possession on strength of title is maintainable, still it is duty of court to peruse evidence regardin....
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....
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