Transferee obtained possession over property in part performance of contract - Possession over property is protected even if period of limitation for bringing suit for specific performance of an agreement to sell has expired

Citation

AIR 2002 SUPREME COURT 960

SUPREME COURT

(From : Bombay)*

V. N. KHARE , J. and ASHOK BHAN , J.

Civil Appeal No. 2706 of 1991 with C.A. Nos. 1349, 1350 of 1991 and 3304 of 1993, D/- 22 - 1 -2002

Shrimant Shamrao Suryavanshi and another Appellants v. Pralhad Bhairoba Suryavanshi (dead) by

LRs. and others Respondents.

(A) Interpretation of Statutes Construction of statute - External aid - Document or report

preceding the legislation - Can legitimately be taken into consideration while construing the

provisions of an Act.

 (Para 8) 

(B)Transfer of Property Act (4 of 1882), S.53A (asinsertedin1929) - Limitation Act (36 of 1963),

Art.54 - Specific Relief Act (47 of 1963), S.27A - Part performance of contract - Defendant transferee obtained possession over property in part performance of contract - Possession over

property is protected even if period of limitation for bringing suit for specific performance of

an agreement to sell has expired - Defendant-transferee, however, is required to fulfil necessary

conditions in order to defend or protect his possession - That apart, Limitation Act, does not

extinguish defence but only bars the remedy

L.P.A. No. 9 of 1987, D/- 6-10-1990 (Bombay), Reversed