Transfer of Property Act, 1882 — Section 53-A — Part performance — Suit for possession by transferor –

February 20th, 2013

Transfer of Property Act, 1882 — Section 53-A — Part performance — Suit for possession by transferor — Scope — Discussed.

HELD: Section 53A of the T.P.A. debars the transferor or any person claiming under him” from enforcing against “the transferee and persons claims under him” any right in respect of the property of which the transferee has taken or continued in possession, other than the right expressly provided by the terms of the contract. The said provision, therefore, consciously protects the rights of not only the transferee, but also of persons claiming under the transferee, even though the rights of the transferee are not perfected as there is only an agreement to sell and not a registered sale deed/conveyance deed. Therefore, it cannot be argued that a person claiming under the transferee would not be entitled to protect his possession, merely because the title of the transferee was not perfected. The intention of the law clearly is to protect the rights of not only the transferee, but also of persons claiming under the transferee. even though the transferee does not have perfect title. If the transferee had a perfected title on the basis of a registered conveyance deed, the question of involving Section 53A of the TPA would not arise.

Raj Kumari Garg v. S.M. Ezaz[DB], RFA (OS) No. 38/2012 & FAO (OS) No. 204/2012(13/08/2012), 2012(132) DRJ 108 [Sanjay Kishan Kaul, J.: Vipin Sanghi, J.]

Entry Filed under: Judgements,Property Laws