Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Surinder Kumar Kuthiala Since Deceased Through His Lrs – Appellant
Versus
Ram Pal Since Deceased Through His Lrs – Respondent
JUDGMENT :
Pankaj Jain, J.
1. Plaintiffs are in second appeal.
2. For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellants as the plaintiffs and the respondent as the defendant.
3. Plaintiffs filed suit for possession of a land measuring 79 Kanal 9 Marlas situated in village Jahan Khelan, Tehsil & District Hoshiarpur as detailed out in the plaint. As per the pleadings raised in the plaint, the defendant along with Mohinderpal, Parkash and Bant Ram entered into an agreement to purchase suit land for a valuable consideration of Rs.37,000/- with the plaintiffs on 12th of August, 1967. Amount of Rs.37,000/- was received by the plaintiffs vide subsequent agreement dated 19th of August, 1967. Actual possession of the land was delivered to the defendant with a right to cut trees from the suit land. Defendant sold trees. Three of the proposed transferees but for defendant in the present suit, filed suit for possession by way of specific performance of agreement to sell and in the alternate prayed for recovery of Rs.37,000/-. Defendant was impleaded as defendant No.1 in the said suit. Decree was passed qua alternate relief and recovery
(1) Recovery of possession – Limitation – Suit based on title where plea of adverse possession had not been raised could not be barred by limitation on ground that it was filed after more than 12 yea....
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....
Ownership and possession must be substantiated by evidence, and the defense of possession through a sale agreement requires proof of readiness to perform contract obligations; otherwise, it does not ....
A claim of adverse possession cannot be sustained if possession stems from an agreement to sell, which legally acknowledges the owner's title.
It is settled that necessary ingredients of adverse possession are required to be specifically pleaded and necessary factual foundation in support thereof is to be made out. Equally important is nece....
Adverse possession requires the defendant to prove continuous, open, and hostile possession for the statutory period, which was not established in this case.
Point of Law : It is a well-settled principle of law that a party claiming adverse possession must prove that his possession is 'nec vi, nec clam, nec precario', that is, peaceful, open and continuou....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
