Back
BOMBAY HIGH COURT
Judge, J
Mohd. Hanif – Appellant
Versus
Mariam Begum – Respondent
| Table of Content |
|---|
| 1. background regarding the appeal and the original ownership dispute. (Para 1 , 2) |
| 2. court's interpretation of relevant sections of the specific relief act. (Para 3 , 6 , 9 , 10 , 11) |
| 3. argument on the suitability of the decree for possession against a third party. (Para 4 , 5) |
| 4. clarification on limitations of a specific performance action regarding title disputes. (Para 7 , 8) |
| 5. conclusion and the decision to allow the appeal. (Para 12) |
1. This is an appeal by the legal representatives of the third defendant Mohd. Hanif from the appellate decree by which in addition to the decree for specific performance of contract of sale as against the defendants Nos. 1 and 2, a decree for possession also came to be passed against all the defendants.
2. The respondent No. 1 Mariam Begum brought the suit for specific performance of contract of sale of a house to her for Rs. 6500/-on foot of an agreement dated July 2, 1973. An amount of Rs. 500/- was paid at the time of the agreement and the balance Rs. 6000/-was to be paid within 5 months and thereupon the sale deed was to be executed by the defendants Nos. 1 and 2, the respondents Nos. 2 and 3 herein. Despite the notice sent on
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
