Section 53A defence fails without specific pleadings linking possession to part performance and contractual willingness.

Section 53A of the Transfer of Property Act is available only when the transferee specifically pleads a written contract, possession taken or continued in part performance, and readiness and willingness to perform the contract. A mere agreement to sell does not create an interest in immovable property, and bare assertions of possession are insufficient unless they are clearly linked to the contract relied on. Because the defendants did not plead possession referable to the alleged agreements, nor an independent assignment or contractual basis in favour of the second defendant, the statutory defence could not be made out and remand for evidence was unnecessary.

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Issues: Whether the defendants could invoke Section 53A of the Transfer of Property Act, 1882 on the pleadings and claim a remand for adducing evidence.

Analysis: The defence under Section 53A is available only where the transferee pleads a written contract, possession taken or continued in part performance of that contract, and willingness to perform the contractual obligations. A contract for sale does not by itself create any interest in immovable property, and mere assertions of agreement or subsequent possession are insufficient unless properly pleaded and connected with possession referable to the contract. The first defendant had admitted the plaintiff's power of attorney and had not pleaded that possession was obtained pursuant to the alleged agreements or that he had been always willing to perform his part. The second defendant also failed to plead any assignment or independent agreement in his favour. In the absence of essential pleadings, no amount of evidence could establish the statutory defence, and remand would serve no purpose.

Conclusion: The defendants were not entitled to the benefit of Section 53A, and remand was unwarranted.

Final Conclusion: The appeal failed and the decree in favour of the plaintiff stood affirmed.

Ratio Decidendi: A defence under Section 53A of the Transfer of Property Act cannot succeed unless the foundational facts are specifically pleaded and the possession relied on is shown to be referable to part performance of the contract.

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