SWARN K JAIN Vs. RAVI MAHAJAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the J & K High Court reversing the judgment of learned Single Judge of the High Court.

(2.) Background facts in a nutshell are as follows:

(3.) Stand of the defendants who were the appellants before the High Court was that the plaintiff by his own act and conduct is estopped from filing the suit in question seeking possession from the defendants as he had pocketed the entire sale consideration and was not entitled to claim relief. It was also submitted that the cause of action when arose was not purposefully mentioned by the plaintiff and this omission is not inadvertent but is willful. Reference was also made to Section 138 of the J & K Transfer of Property Act, 1977 (1920 AD). Plaintiff's advocate contended that the doctrine of part performance as embodied in the Transfer of Property Act, 1882 (Central Act), does not find mention in the Act and, therefore, defendants being tress-passers claim of the plaintiff cannot be defeated.