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december 1995

Supreme Court of India · 1995-12-12

MOHANLAL (DEAD) THR. LRS vs MIRZA ABDUL GAFFAR BEG

Citation / case number
SC 1986/68188
Court
Supreme Court of India
Petitioner
MOHANLAL (DEAD) THR. LRS
Respondent
MIRZA ABDUL GAFFAR BEG
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the appellant, who claimed possession under an agreement of sale dated March 8, 1956, could not retain possession under Section 53-A of the Transfer of Property Act, 1882, after his suit for specific performance was dismissed. The Court clarified that Section 53-A allows a transferee to retain possession only if they are willing to perform their part of the contract, which was not the case here due to the dismissal of the suit. Consequently, the Court upheld the High Court's decision restoring the trial Court's decree for possession in favor of the respondent.

MOHANLAL (DEAD) THR. LRS vs MIRZA ABDUL GAFFAR BEG · Niyam