TaxTMI 
TaxTMI 
2024 (12) TMI 1551
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....hereby affirming the judgment and order passed by the First Appellate Court and also the judgment and decree passed by the Trial Court. 3. We have heard Mr. Anand Sanjay M. Nuli, the learned Senior Counsel appearing for the Petitioners. 4. It appears from the materials on record that the Respondents herein (original Plaintiffs) instituted Original Suit No.364/1988 for declaration of title and recovery of possession. 5. The suit came to be decreed in favour of the Respondents (original Plaintiffs). The Regular First Appeal filed by the Petitioners herein came to be dismissed and so also the Second Appeal by the High Court. 6. In the Second Appeal, the High Court formulated the following substantial questions of law: (1) ....
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....ancy rights and it came to be dismissed on 15.05.1987 and it has attained finality. The findings returned by the trial Court as well as the first Appellate Court are consistent with the oral and documentary evidence placed on record and as such, this Court finds no perversity in the same. 19. When the Defendant has failed to prove that Plaintiff has executed the Sale Agreement dated 25.11.1968 agreeing to sell 2 gunta out of survey No.24/9 and he came in possession and occupation of suit Schedule property by virtue of the same, question of providing protection Under Section 53A of the T.P. Act does not arise. Consequently, the ratio in the decision of the Hon'ble Supreme Court in the case of Shrimant Shamrao Suryavanshi and Anr....
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....spect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this Section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part-performance thereof. (emphasis supplied) 16. Personal bars to relief. Specific performance of a contract cannot be enforced in favour of a person (a) who would not be entitled to recover compensation for its breach; or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at v....
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....ansferee has done some act in furtherance of the contract and has performed or is willing to perform his part of the contract. 12. In terms of this provision, if the above preconditions stand complied with, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and person(s) claiming under him, any right in respect of the property of which the transferee has taken or continue in possession, other than a right expressly provided by the terms of the contract, notwithstanding the fact, that the transfer, as contemplated, had not been completed in the manner prescribed therefor by the law for the time being in force. Noticeably, an exception to this restraint is carved out qua a transferee for....