BALASAHEB MANIKRAO DESHMUKH Vs. RAMA LINGOJI WARTHI

JUDGEMENT

(1.) THIS Second-Appeal raises an important point of law viz. the applicability of the doctrine of part performance enacted under the provisions of section 53-A of the Transfer of Property Act. The facts giving rise to filing of this Second Appeal briefly stated are as follows.

(2.) THE present appellants had brought a suit (which was registered as Civil Suit No. 187/73) for specific performance of the contract and for permanent injunction in respect of the suit property i. e. Survey No. 5/c/3 admeasuring 2 acres 22 gunthas situated at village Kiki, Tahsil and District Nanded against the present respondent. The suit for specific performance was dismissed but decree of permanent injunction came to be passed in that suit in favour of the present appellants. The matter was taken upto this Court. This Court in Second Appeal confirmed the decree in favour of the present appellants as far as it related to permanent injunction against respondent. The relief of specific performance was not granted holding that the suit for specific performance was barred by law of limitation. The aforesaid Civil Suit No. 187/73 was decided by the trial Court on 31-7-1975.

(3.) AFTER the dismissal of the suit of the present appellants for specific performance of the contract by trial Court, the present respondent Rama filed the suit under appeal (Regular Civil Suit No. 173/77) for recovery of possession of the suit land. This suit of the respondent came to be dismissed by trial Judge vide judgment and decree dated 19th July 1980. Against this judgment and decree, appeal came to be filed by the present respondents registered as Appeal No. 5 of 1984.