Transferee Cannot Claim Section 53-A Protection Without Proving Sale Agreement
- Case Name: Giriyappa & Anr. v. Kamalamma & Ors
- Judge(s): J.B. Pardiwala and R. Mahadevan
- Advocate(s): Anand Sanjay M. , Mr. Akash Kukreja
The Respondents sought title declaration and recovery of 2 guntas of land. The Petitioners claimed possession under an unregistered 1968 sale agreement for ₹850, invoking Section 53A of the Transfer of Property Act which talks about Part Performance.
The lower courts ruled in favor of the Respondents.
However, the courts held Section 53A applies only if a written agreement exists, possession is taken, and the transferee fulfills contractual obligations. The Petitioners failed to prove these conditions.
The Supreme Court upheld the lower courts’ rulings, denying Section 53A protection and dismissing the appeal.
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