DHARMAJI Vs. JAGANNATH SHANKAR JADHAV

JUDGEMENT

(1.) CAN a transferee file a suit for injunction against the transferor to protect the former's possession over the land given to him as per the terms of agreement of sale ?

(2.) THE above question of law falls for determination in this second appeal filed by the plaintiff-transferee whose suit for permanent injunction against the defendant transferor restraining him from disturbing the lawful possession has been dismissed by the Courts below on the grounds of maintainability as well as on merits.

(3.) FIRST, the question of maintainability. The lower Courts have taken a view that the doctrine of part performance incorporated in S. 53a of the Transfer of Property Act can be pressed into service only as a defence and unless and until a decree for specific performance of agreement of contract is passed in favour of the transferee, he cannot file a suit against the transferor in respect of the suit property for any purpose. I find it extremely difficult to sustain this view for the reasons that follow.