MOHAN LAL Vs. MIRZA ABDUL GAFFAR

JUDGEMENT

(1.) This appeal by special leave arises from the judgment and decree of the Madhya Pradesh High Court in Second Appeal No. 460/75 made on 30, 1986 (sic).

(2.) It is not necessary to elaborate all the facts in detail. Suffice it to state that the appellant had come into possession of the suit-lands pursuant to an agreement of sale dated March 8, 1956. He paid part consideration of Rs. 500/- and obtained possession of the lands. Subsequently, the respondent purchased the lands by sale deed dated March 23, 1960. In the meanwhile, the appellant's suit for specific performance of the contract for sale was dismissed and because final. The respondent filed the suit for possession which has given rise to this appeal. The trial Court decreed the suit. On appeal, it was reversed and dismissed. In second appeal, the High Court set aside the judgment and degree of the appellate Court and restored the decree of the trial Court. Thus this appeal by special leave.

(3.) The only question is whether the appellant is entitled to retain possession of the suit property. Two pleas have been raised by the appellant in defence. One is that having remained in possession from March 8, 1956, he has perfected his title by prescription. Secondly, he pleaded that he is entitled to retain his possession by operation of Section 53-A of the Transfer of Property Act, 1882 (for short, 'the Act')