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Showing posts with label SPECIFIC RELIEF ACT. Show all posts
Showing posts with label SPECIFIC RELIEF ACT. Show all posts
Friday, September 22, 2017

SPECIFIC RELIEF ACT

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1 SPECIFIC RELIEF ACT _______ ARRANGEMENT OF SECTIONS ________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Defi...
Sunday, November 24, 2013

Specific Relief Act, 1963 - Agreement to sell land - Non-execution of - Suit for specific performance - Grant of decree and plea of seller that time was essence of contract rejected - However, High Court setting aside the decree - Validity of - Held: Recital in the agreement that earnest money would be forfeited upon failure to execute agreement within stipulated period makes it clear that parties never intended time to be essence of contract - More so, seller did not prove his plea - Thus, decree granted by trial court upheld - Buyer directed to deposit balance consideration amount and seller would execute sale deed. = PETITIONER: Balasaheb Dayandeo Naik (Dead)through LRs & Ors RESPONDENT: Appasaheb Dattatraya Pawar = published in http://judis.nic.in/supremecourt/helddis.aspx

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Specific Relief Act, 1963 - Agreement to sell land - Non-execution of - Suit for specific performance - Grant of decree and plea of seller...
Tuesday, April 16, 2013

Specific Relief Act, 1963: s.6 - Suit filed by landlord under s.6 against trespasser when tenant in exclusive possession of suit property is dispossessed forcibly by a trespasser/third party - Maintainability of - Held: Maintainable - Non-impleadment of tenant is not fatal to the maintainability of such suit as tenant is not necessary party in such suit. Words and phrases: Word `dispossessed' - Meaning of - In the context of s.6(1) of Specific Relief Act, 1963. The questions which arose for consideration in the present appeal were whether landlord can maintain suit under Section 6 of Specific Relief Act, 1963 against a trespasser for immediate possession where a tenant in exclusive possession was dispossessed forcibly by the trespasser and whether tenant is a necessary party in such suit.- Dismissing the appeal, the Court HELD: 1.1. The key words in Section 6(1) of Specific Relief Act, 1963 are "dispossessed" and "he or any person claiming through him". A person is said to have been dispossessed when he has been deprived of his possession; such deprivation may be of actual possession or legal possession. Possession in law follows right to possession. The right to possession, though distinct from possession, is treated as equivalent to possession itself for certain purposes. A landlord by letting out the property to a tenant does not lose possession as he continues to retain the legal possession although actual possession, user and control of that property is with the tenant. By retaining legal possession or in any case constructive possession, the landlord also retains all his legal remedies. As a matter of law, the dispossession of tenant by a third party is dispossession of the landlord. The word "dispossessed" in Section 6(1) must be read in this context and not in light of the actual possession alone. If a tenant is thrown out forcibly from the tenanted premises by a trespasser, the landlord has implied right of entry in order to recover possession (for himself and his tenant). Similarly, the expression "any person claiming through him" would bring within its fold the landlord as he continues in legal possession over the tenanted property through his tenant. As a matter of fact, on plain reading of Section 6(1), it is clear that besides the person who has been dispossessed, any person claiming through him can also file a suit seeking recovery of possession. Obviously, a landlord who holds the possession through his tenant is competent to maintain suit under Section 6 and recover possession from a trespasser who has forcibly dispossessed his tenant. A landlord when he lets out his property to the tenant is not deprived of his possession in the property in law. What is altered is mode in which the landlord held his possession in the property inasmuch as the tenant comes into physical possession while the landlord retains possession through his tenant. [Paras 16 and 19] [1082-f-h; 1084-c- d] Veeraswami Mudali v. P.R. Venkatachala Mudali and others AIR 1926 Madras 18; Ramchandra v. Sambashiv AIR 1928 Nagpur 313; (Kanneganti) Ramamanemma v. (Kanneganti) Basavayya AIR 1934 Madras 558, overruled. Nobin Das v. Kailash Chandra Dey (1910) Vol. VII Indian Cases 924; Ramanadhan Chetti v. Pulikutti Servai and Mohideen avuther v. Jayarama Aiyar (1898) 21 Madras 288; Sailesh Kumar and ANOTHER v. Rama Devi AIR (1952) Patna 339; Gobind Ram Jamna Dass v. Mst. Mewa w/o Parbhati AIR (1953) Pepsu 188, approved. Ramanadhan Chetti v. Pulikutti Servai (1898) 21 Madras 288; Mohideen Ravuther v. Jayarama Aiyar (1921) 44 Madras 937, referred to. Halsbury's Laws of England (Fourth Edition, page 617), referred to. 1.2. Section 6 of the Act provides that suit to recover possession under the said provision could be filed by the person who is dispossessed or any person claiming through him. The tenant having lost the possession though without his consent to a third party, may not be interested in recovery of possession. He may not be available. He may not like to involve himself in litigation. In such circumstances, if a landlord brings the suit to recover possession against trespasser under Section 6, it cannot be laid down as an absolute proposition that tenant must necessarily be impleaded as party to such suit. It may be desirable that a landlord in a suit under Section 6 of the Act against a trespasser for immediate possession when, at the date of dispossession, the house was in occupation of a tenant, impleads the tenant, but his non-impleadment is not fatal to the maintainability of such suit. [Para 20] [1085-c-g] Case Law Reference: AIR 1926 Madras 18 overruled Para 7 (1898) 21 Madrass 288 referred to Para 7 (1921) 44 Madras 937 referred to Para 7 AIR 1928 Nagpur 313 overruled Para 8 AIR 1934 Madras 558 overruled Para 9 (1910) Vol. VII Indian Cases 924 approved Para 11 (1898) 21 Madras 288 approved Para 12 AIR (1952) Patna 339 approved Para 13 AIR (1953) Pepsu 188 approved Para 14 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1930 of 2010. From the Judgment AND Order dated 28.3.2008 of the High Court of Judicature at Bombay in Civil Revision Application No. 1235 of 2001. Amol Chitale, Abhijat P. Medh for the Appellants. Sushil Karanjka, Vishal A. Patil, K.N. Rai for the Respondent.

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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1930 OF 2010 [Arising out of SLP [C] No. 10418 ...
Thursday, April 11, 2013

specific relief Act = It is a settled legal proposition that the power of attorney holder cannot depose in place of the principal. Provisions of Order III, Rules 1 and 2 CPC empower the holder of the power of attorney to “act” on behalf of the principal. The word “acts” employed therein is confined only to “acts” done by the power-of-attorney holder, in exercise of the power granted to him by virtue of the instrument. The term “acts”, would not include deposing in place and instead of the principal. In other words, if the power-of-attorney holder has preferred any “acts” in pursuance of the power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for acts done by the principal, and not by him. Similarly, he cannot depose for the principal in respect of a matter, as regards which, only the principal can have personal knowledge and in respect of which, the principal is entitled to be cross-examined.; In the facts and circumstances of the case, as the appellant has not yet acquired any title over the land, he has no right to receive compensation to the tune of Rs. 29,47,112/-. However, he withdrew the said amount by giving an undertaking to return the said amount to Res. No. 1 in case any such order was passed by the court in this regard. In view of the above, the appeals are allowed. The judgment and decree passed by the High Court is set aside, and the same passed by the trial court is restored. As a consequence, the appellant is entitled to get the sale deed executed and registered, with respect to all the suit land available now (minus the land acquired and the land purchased by the respondent no.6). 17. The appellant is directed to refund the amount of compensation received by him to Res. No. 1 within a period of three months, alongwith 9% interest from the date of receipt till the date of payment. Civil Appeal Nos. 2888 and 4459 of 2005 In view of the judgment and order in Civil Appeal Nos. 2885- 2887 of 2005, these appeals are dismissed.

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Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2885-2887 of 2005 S. Kesari Hanuman Go...