Suit for Recovery of Possession of Property : Appeal Allowed on 27 April 2023
A recent judgment dt. 27 April 2023 has been passed.
According to Section 68 (1) of Transfer of Property Act, 1882 where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of the mortgagor then mortgagee has a right to sue for the mortgage money.
According to the plaint in this case, defendant was permitted to use certain portion of property. When plaintiff bought the property, he permitted the defendant to continue but later wanted defendant to vacate the property which defendant refused to do.
When suit was filed, WS was filed by defendant. Plaintiff was the solitary witness and 7 documents were exhibited. However, Trial Court had dismissed the suit.
The suit was earlier dismissed on ground of limitation and appeal was filed. In appeal it was held that A.67 has no applicable and A.113 of Limitation Act, 1963 will be applied. Last occasion of accrual of right to sue will be the factor. It was also held that legal capacity to grant licence depends upon the title of the grantor (referring S.53 of Easements Act).
Written by
Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957.