Property lawPart performanceSupreme Court of India

Shrimant Shamrao Suryavanshi v Pralhad Bhairoba Suryavanshi

(2002) 3 SCC 67620021 min read
The case in brief30-second read
Facts
On 9 July 1964 the owner agreed to sell agricultural land to the appellant for Rs. 9,000. The appellant paid Rs. 5,700 and was put in possession. Despite an injunction, the owner sold the land by registered deed in 1966 to a later purchaser, who sued the appellant for possession.
Issue
Can a transferee in possession use S.53A as a defence when a suit for specific performance is barred by limitation?
Held
Yes. Limitation bars the remedy by suit, not the defence. The transferee can protect his possession under S.53A.
Principle
A transferee in possession under part performance can defend that possession under S.53A against the transferor and a later purchaser with notice, even after a suit for specific performance has become time-barred.
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Facts

  • On 9 July 1964 the owner agreed to sell agricultural land to the appellant for Rs. 9,000. The appellant paid Rs. 5,700 and was put in possession.
  • Despite an injunction, the owner sold the land by registered deed in 1966 to a later purchaser, who sued the appellant for possession.
  • The High Court (Letters Patent Bench) held that S.53A could not protect the appellant because a suit for specific performance was time-barred.

Issue

  1. Can a transferee in possession use S.53A as a defence when a suit for specific performance is barred by limitation?

Held

  • Yes. Limitation bars the remedy by suit, not the defence. The transferee can protect his possession under S.53A.
  • He must show a written and signed contract, possession in part performance, and willingness to perform his part.
  • The protection holds against the transferor and persons claiming under him. The only exception in S.53A is a later transferee for consideration without notice; the later purchaser here was not one.
  • The appeals were allowed.

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Citation

Shrimant Shamrao Suryavanshi v Pralhad Bhairoba Suryavanshi (2002) 3 SCC 676

Reported: https://indiankanoon.org/doc/1904257/ ; SC judgment PDF https://api.sci.gov.in/jonew/judis/18258.pdf. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.