In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court
3 months, 2 weeks ago

In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court

Live Law  

The Supreme Court observed that when possession of the immovable property is transferred implicitly upon execution of the sale deed, a separate suit seeking possession of the immovable property is not required under Section 22 of the Specific Relief Act, 1963. The Court said that in a specific performance of the agreement to sale simpliciter, the plaintiff would avail complete relief without specifically filing a separate suit for delivery of possession. A decree for specific performance of a contract includes everything incidental to be done by one party or another to complete the sale transaction, the rights and obligations of the parties in such a matter being governed by Section 55 of the Transfer of Property Act.” The Court reasoned that when the 'transfer of possession' is implicit in contracts for the sale of immovable property under Section 55 of the Transfer of Property Act, 1882, even if possession is not explicitly sought, a suit for specific performance inherently involves elements that affect the property's location, making it a "suit for land." It was also held in Babu Lal that in view of the interplay between Sections 22 and 28 of the Specific Relief Act respectively and Section 55 of the Transfer of Property Act, the handing over of the possession of the immovable property in respect of which a decree of specific performance has been granted is only incidental.

Justice Supreme Court Performance Property Court Specific Performance Sale Transfer Relief Suit Sell Possession Separate Plaintiff Sra Immovable Immovable Property Section 55 Specific Section 22 Property Act Required Section 16 Babu Lal Separate Relief  required  performance  immovable  relief  suit  sell  separate  possession  property  court  sale  transfer  supreme  plaintiff  specific

History of this topic

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
2 months, 3 weeks ago

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains

Live Law  

The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 if he fails to prove the execution of a sale agreement based on which possession was claimed.The Court also explained the conditions to invoke Section 53A.The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the plea. …

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
2 months, 3 weeks ago

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains

Live Law  

The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 if he fails to prove the execution of a sale agreement based on which possession was claimed.The Court also explained the conditions to invoke Section 53A.The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the plea. …

Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court
3 months, 1 week ago

Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court

Live Law  

The Supreme Court reiterated that it would not be necessary for the decree-holder seeking specific performance of an agreement to sell simpliciter to file a separate application under Section 22 of the Specific Relief Act, 1962 for claiming possession of suit property. The short question that falls for the Court's consideration was whether the executing court could grant possession if …

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court
1 year, 1 month ago

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court

Live Law  

Recently, the Supreme Court reiterated the well-established position of law that under Section 34 of the Specific Relief Act of 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession. The section provides that courts have discretion as to declaration of status or right, however, it carves out …

Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court
1 year, 3 months ago

Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court

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The Supreme Court, while denying the plea of specific performance for execution of the re-conveyance deed, noted that such a claim implies that the opposite party is the owner. “Therefore, taking the averments made in the plaint as correct, there was no occasion for the appellants to seek specific performance compelling the respondent to execute re-conveyance deed inasmuch as, even …

Relief Of Delivery Of Possession Inherent In Relief Of Specific Performance Of Contract Of Sale If Defendant In Exclusive Possession: AP High Court
1 year, 6 months ago

Relief Of Delivery Of Possession Inherent In Relief Of Specific Performance Of Contract Of Sale If Defendant In Exclusive Possession: AP High Court

Live Law  

The Andhra Pradesh High Court recently decided whether a separate relief for delivery of possession is required to be pleaded in a suit for specific performance of contract of sale. Observations of the Court Justice Ravi Nath Tilhari analyzed Section 22 of the Specific Relief Act, 1963 which made it evident that the plaintiff may ask for the relief of …

Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC
2 years, 11 months ago

Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court in a recent judgment held that an agreement of Sale cannot be decreed to be performed if the seller did not have absolute right and title over the suit schedule property in view of Section 17 of the Specific Relief Act, 1963. Brief Facts of the Case The plaintiff filed the suit seeking specific performance …

Land Acquisition Act 1894 -Section 17(4) Notification Liable To Be Quashed If State Fails To Show Exceptional Circumstances Justifying Urgency : Supreme Court
3 years, 3 months ago

Land Acquisition Act 1894 -Section 17(4) Notification Liable To Be Quashed If State Fails To Show Exceptional Circumstances Justifying Urgency : Supreme Court

Live Law  

The Supreme Court has held that the urgency clause under Section 17 of the Land Acquisition Act 1894 can be invoked only in exceptional circumstances.Section 17 of the Land Acquisition Act 1894 gives power to the land acquisition authorities to take immediate possession of the land before the proceedings related to award of compensation are over. The Supreme Court has …

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