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ANIL KSHETARPAL
Surjit Singh (Deceased) Through Lrs. – Appellant
Versus
Mohinder Kaur – Respondent
JUDGMENT
Anil Kshetarpal, J.
In this regular second appeal, the defendants assail the correctness of the judgment passed by the First Appellate Court, which in turn reversed the trial Court's judgment and decree. The plaintiff's suit for the grant of decree of possession of plot No.86, has been dismissed by the trial Court, however, decreed by the First Appellate Court.
2. In order to comprehend the issues involved in the present case, the relevant facts, in brief, are required to be noticed.
3. The plaintiff (respondent herein-Smt. Mohinder Kaur) on 30.10.1978 filed a suit, claiming to be owner of plots No.86, 87 and 90, situated in Shivaji Park, Yamunanagar. She claims to have purchased plot No.86 for a consideration of Rs. 3,000/- vide registered sale deed dated 08.11.1965, from Sh. Chaudhary Dilip Singh, the proprietor of M/s Bharat Land and Finance Company, Yamunanagar. Immediately, after purchasing the aforesaid plot, she constructed a room. She currently resides in Kanpur and due to her absence from Yamunanagar, she was unable to take care of the said room and as a consequence, the room got partly damaged and it became unsafe and unfit for human habitation. She has also compl
Possession can be protected under Section 53-A of the Transfer of Property Act without a valid sale, provided necessary conditions are fulfilled.
The court affirmed that ownership established through tenancy certificates prevails over claims of possession based on unproven agreements or wills, emphasizing the necessity of fulfilling statutory ....
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.
The court held that a sale deed remains valid despite non-payment of consideration, affirming ownership rests with the purchaser as per registered transaction under the Transfer of Property Act.
A party must demonstrate readiness and willingness to perform contractual obligations to invoke protections under Section 53-A of the Transfer of Property Act.
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