Law: Transfer of Property Act (IV of 1882)

Section: 43, 53(A)

Law: Specific Relief Act (I of 1877)

Section: 27

(a) Transfer of Property Act (IV of 1882)  S. 43 and Specific Relief Act (I of 1877), S. 27 read with Limitation Act (1X of 1908), S. 5Specific performance of contractContract for sale of disputed land by appellant proved but Court below holding suit for specific performance by respondent timebarred,Appeal not preferred by respondentRespondent being guilty of laches, held, debarred to secure relief on basis of suit for specific performance of contract.[Contract]. (b) Transfer of Property Act (IX of 1882) _ S. 53(4)Transfer of propertyDeed of contract and evidence on record showing possession of land having been with defendant before making of contract by appellantActs done before contract, held, cannot be taken to be done in pursuance of contract or treated as acts of part performance. (c) Transfer of Property Act (IX of 1882)  S. 53A, Specific Relief Act (I of 1877), S. 27 and Limitation Act (IX of 1908), S. 28Suit for specific performance of contract revealing no act whatsoever having been done in furtherance of contract by: respondent and claim of adverse possession set up by him against terms of contrverRespondent, held, not entitled to benefit of S. 53A of Transfer of Property Act. (d) Limitation Act (IX of 1308) Art. 144Adverse possessionEvidence on record as appreciated by lower Court lessening period of adverse possession by way of prescrip tionBy virtue of contract for sale previous possession could not be`' taken into account for determining nature of possession in relation to. adverse possession and possession of promisee turned to be permissive , till refusal by promisor to act upon contractSuit for possession made even within a period of 12 years from date of contract and muchless than that of datee of refusal by appellant to act upon contract Plea of adverse possession held, premature.[Adverse possession].                                                                                              …