Case Note & Summary
The appellant, Reubai w/o Tulsiram, filed a suit for permanent injunction against Babalal s/o Husenbhai, claiming that the defendant had agreed to sell 1/4th portion of Gat No.63 in Umri village, Beed, for Rs.5000/-, and that she paid Rs.3000/- on the date of agreement (14/12/1974) and was put in possession. She alleged that the defendant later tried to disturb her possession. The defendant denied the agreement, claiming it was a loan transaction of Rs.2000/- with interest, and that possession was not given. The trial court found that there was an agreement of sale and the plaintiff was put in possession, but refused relief because the plaintiff failed to prove readiness and willingness to perform her part. The first appellate court dismissed the appeal, citing Section 53-A of the Transfer of Property Act and Section 41(h) of the Specific Relief Act. The High Court admitted the second appeal on the substantial question of law: whether the plaintiff is entitled to protection under Section 53-A. The High Court noted that the plaintiff had not taken any steps to complete the transaction before the suit, and upheld the concurrent findings, dismissing the appeal.
Headnote
A) Property Law - Part Performance - Section 53-A of Transfer of Property Act, 1882 - Readiness and Willingness - The plaintiff sought injunction based on an agreement of sale and possession, but failed to prove readiness and willingness to perform her part of the contract. The trial court and first appellate court dismissed the suit. The High Court upheld the dismissal, holding that without readiness and willingness, protection under Section 53-A is not available. (Paras 2-6)
Issue of Consideration
Whether the plaintiff is entitled to protection of Section 53-A of Transfer of Property Act, in view of the pleading in the plaint and the material produced by him.
Final Decision
The second appeal is dismissed. The concurrent findings of the trial court and first appellate court are upheld.
Law Points
- Section 53-A of Transfer of Property Act
- 1882
- Section 41(h) of Specific Relief Act
- 1963
- readiness and willingness
- part performance
- permanent injunction
