Agreement holder 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 - Law of limitation bars only an action in a Court - And, does not bar plea taken in defence.

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 v. Pralhad Bhairoba Suryavanshi (dead) by LRs. and others

(A) Interpretation of Statutes Construction of statute - External aid legislation Document or report preceding the 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 (asinsertedin 1929) - 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 bars the legal remedy