[Landmark Judgement] Raman Srivastav V. Wahider Rahaman (2023)

Landmark Judgment Law Insider (1)

Published on: October 26, 2023 at 15:16 IST

Court: High Court of Calcutta

Citation: Raman Srivastav V. Wahider Rahaman (2023)

Hon’ble High Court of Calcutta has held that the Suit for Specific Performance by the Purchaser is liable to be rejected when the Defendant has no title or imperfect title by the virtue of Section 13 of the Specific Relief Act, 1963. It is held that when a person contracts to sell or let certain immovable property having no title or only an imperfect title then the Civil Suit for specific performance of contract is liable to be dismissed.

15. It is further contended that though the period of limitation according to agreement should run after two years from the date of agreement, but the suits were decreed five years after its institution. Since the plaintiffs had no control over the time that was consumed for the purpose of disposal of the suit, it is not expected that he would be made to suffer loss for no contribution on his own part.

16. From the attending facts of the case it transpires that by virtue of the compromise decree in T.S. No. 39 of 2002, Exhibit-6 the defendants/respondents Manoj Kumar Shaw and Kailash Nath Shaw cannot be said to have any title in respect of the property in suit.

Drafted By Abhijit Mishra

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