Shyam Kumar Inani vs Vinod Agrawal 2024 INSC 865 - Limitation Act - Sale Agreement
Limitation Act 1963 - Article 54- Second part of Article 54 of the Schedule to the Limitation Act would be applicable once there was no date fixed for performance in the Agreement to Sell. (Para 5)
Transfer of Property Act 1882- Section 52 - Sale deeds executed during the pendency of the suit - While such transfers are not void ab initio, they are subject to the doctrine of lis pendens and cannot prejudice the plaintiffs' rights under the prior Agreement to Sell. The transferees acquire the property subject to the outcome of the pending litigation and cannot defeat the plaintiffs' claim for specific performance. (Para 34.7)
Possession - A purchaser who has paid the full consideration and received the original title deeds from the seller would have taken possession under normal circumstances. Any possession taken by any other party thereafter would be unauthorised and illegal. (Para 32)
Sale agreement - The absence of explicit boundary details does not render the sale agreement vague or unenforceable, when the property can be clearly identified from the information provided. (Para 34.6)
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