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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Amar Nath – Appellant
Versus
Naino devi – Respondent
JUDGMENT :
Deepak Gupta, J. (Oral)
This Regular Second Appeal has been filed by the defendant against the concurrent findings of the Courts below, inasmuch as the suit for possession instituted by the plaintiffs - Smt. Naino Devi and others (contesting respondents N: 1 to 10 herein) in respect of the property in dispute was decreed by the learned trial Court on 26.08.1995, and the appeal preferred by the defendant-appellant was dismissed by the learned First Appellate Court on 02.05.2001, thereby affirming the judgment and decree of the trial Court.
2. To obviate confusion, the parties shall hereinafter be referred to as per their status before the trial Court.
3. Admittedly, the property in dispute was owned by Gurmukh Singh, predecessor-in-interest of the plaintiffs, who had purchased it in an open auction from the Department of Rehabilitation. As per the plaintiffs' case, their predecessor Gurmukh Singh had leased out the suit property to defendant No.1 - Amar Nath (appellant herein), at a monthly rent of Rs. 125/, who in turn gave a portion thereof to defendant No.2 Mulkh Raj. It was alleged that no rent was ever paid to the landlord. An ejectment petition filed in the year 1986 ca
Part-performance – Protection of a prospective purchaser/transferee of his possession of property involved, is conditionally available.
Possession based on a license can be challenged if contradictions in agreements and evidence arise, impacting the validity of claims under statutory provisions.
(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.
A party must demonstrate readiness and willingness to perform contractual obligations to invoke protections under Section 53-A of the Transfer of Property Act.
In property disputes, a registered title supersedes unperformed agreements, protecting the rights of bona fide purchasers against prior contracts.
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 ....
Agreements for new tenure land lacking collector permission are void under Section 23 of the Indian Contract Act, nullifying claims for specific performance and possession under Section 53(A) of the ....
Point of law: Termination of lease - Default in payment of rent - Oral Agreement to sell - Prime property fetching a rent of Rs. 2,30,000/- per month cannot possibly be agreed to have been sold for a....
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