RANCHHODDAS CHHAGANLAL versus DEVAJI SUPADU DORIK AND ORS.

RANCHHODDAS CHHAGANLAL versus DEVAJI SUPADU DORIK AND ORS.

The respondent was never ready and willing to perform the alleged agreement, and therefore cannot claim defence of part performance under Section 53A. The High Court erred in allowing the plea and reversing the trial court's decree, particularly as no cross-objection or timely objection to certificate was raised.

Parties
Appellant: Ranchhoddas Chhaganlal; Respondent: Devaji Supadu Dorik and Ors.
Jurisdiction
India
Judgment Date
17 January 1977
Procedural Posture
Civil Appeal / Appeal by Certificate From Bombay High Court Judgment Dated 15 10 1969 in First Appeal No. 420 of 1963
Outcome
Appeal allowed
Legal Topics
Doctrine of Part Performance, Ready and Willing to Perform Agreement, Possession, Objection to Certificate, Cross Objection Procedure
Property Law Civil Procedure Doctrine of Part Performance Ready and Willing to Perform Agreement Possession Objection to Certificate Cross Objection Procedure

Case Brief

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Parties

Ranchhoddas Chhaganlal

Appellant

Devaji Supadu Dorik and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate From Bombay High Court Judgment Dated 15 10 1969 in First Appeal No. 420 of 1963

Legal Issues

  1. 1 Whether transferee was ready and willing to perform the agreement as alleged by appellant
  2. 2 Whether doctrine of part performance under Sec. 53A of Transfer of Property Act applies
  3. 3 Whether respondent can challenge High Court's finding without filing cross objection

Ratio Decidendi

The respondent was never ready and willing to perform the alleged agreement, and therefore cannot claim defence of part performance under Section 53A. The High Court erred in allowing the plea and reversing the trial court's decree, particularly as no cross-objection or timely objection to certificate was raised.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court set aside
  • Judgment of trial court restored