Supreme Court · 1995 INSC 886 · Decided 12 December 1995
Mohan Lal (Deceased) Through His LRS. Kachru and ORS. v. Mirza Abdul Gaffar and ANR.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 886 · [1995] SUPP. 6 S.C.R. 638
- Case number
- CIVIL APPEAL No. 4485/1986
- Decided
- 12 December 1995
- Bench
- K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act; Specific Relief Act Section 16
Headnote
Tramfer of Property Act, 1882-Section SJ(A}-Agreement holder whose suit for specific peifonnance is dismissed-Not entitled to retain pos­ C session under the agreenienr:-Plea of adverse possession not maintainable. D Specific Relief Act, 1963-Section 16(C}-Transfer of Prope1ty Act, transferee's continuous willingness to peifonn his part of the contract-Trans­ feree to plea and prove the same. The Appellant was in possession of the suit-lands since 1956, pur­ suant to an agreement of sale and payment of part performance. The Appellant's suit for specific performance
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