MOOL CHAND BAKHRU Vs. ROHAN
SUPREME COURT OF INDIA
MOOL CHAND BAKHRU
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(1.)Point for consideration in this appeal is as to whether :
"A person (claiming to be a proposed vendee) can protect his possession of an immovable property on the plea of part performance under S. 53-A of the Transfer of Property Act on the basis of an oral agreement, the terms of which have not been reduced in writing."
The relevant facts are :
1. Plaintiffs/appellants (hereinafter referred to as "the appellants") Mool Chand and Leela Ram were the owners of the property known as 'Dayal Villa' situated in Khasra Nos. 1195, 1196, 1198, 1200, 1201 and 1202 measuring 613 sq. meters in Solan Town, specifically described in the plaint (hereinafter referred to "the property in dispute"). Leela Ram abovenamed died during the pendency of the suit before the trial Court and his name was substituted by his widow and two sons as plaintiffs. Widow died during the pendency of this appeal. The title of Leela Ram is represented through his two sons as the appellants.
(2.)The appellants filed the suit with the averments that Late Bhagwan Dass (predecessor in interest of the defendants) was their real uncle (father's brother). Because of the partition of the country in 1947 Bhagwan Dass who was living in Sindhi Province migrated to India. The appellants permitted him to occupy their house at Solan as a licensee in 1948-49. In spite of repeated requests to vacate the property Bhagwan Dass failed to handover the possession of the property to the appellants. In 1974 Bhagwan Das agreed to vacate the property after six months. On his failure to vacate the property he was required to pay damages by way of use and occupation at the rate of Rs. 20/- per day till the date of actual vacation. As Bhagwan Dass failed to vacate the property and to pay the damages as agreed upon, a suit was filed for possession of the property as well as for recovery of Rs. 43,200/- as mesne profits for the use and occupation of the property at the rate of Rs. 1200/- per month.
(3.)The defendants/respondents (hereinafter referred as 'the respondents') while resisting the suit averred that the appellants agreed to sell the property in dispute to Bhagwan Dass in the year 1968 for a consideration of Rs. 30,000/- out of which Rs. 10,000/- was paid to the appellants. A sum of Rs. 1,100/- was kept by Bhagwan Dass with Kishni, mother of the appellants, at their instance. A further sum of Rs. 10,000/- was deposited with one Gulab Singh, brother of the appellants, in the year 1969, as part of the sale consideration. Bhagwan Dass continued to occupy the property till 1968 as a permissive user and thereafter in part performance of the agreement to sell. That the property at the time of lease was in a dilapidated condition. Suitable improvements in the property by re-constructing the walls, floors, roof of Balcony and by providing flush latrines at a cost of Rs. 35,000/- were carried out. No objection was raised by the appellants at any time to the improvements carried out by the respondents. It was further pleaded that they have always been ready and willing to perform their part of the agreement to sell and pay the remaining amount of the sale consideration. Alternatively, it was pleaded that the respondents acquired title to the property in dispute by way of adverse possession as they were continuing in possession since 1968. The claim of the appellants for mesne profits was denied.
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