TaxTMI Login
AI Drafter - (New and Powerful) ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Just a moment...
AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether a lease of immovable property is a transfer of immovable property for the purpose of Section 53-A of the Transfer of Property Act, 1882, and whether possession taken under such a lease can support a plea of part performance.
Analysis: The expression "immovable property" in the Transfer of Property Act is not confined to the whole ownership in the property. A lease carves out interests in the property, including the lessee's interest and the lessor's reversionary interest, and the statutory scheme recognises that a lessee has an interest capable of transfer. The definition of immovable property, read with the provisions dealing with leases and transfer of interests, shows that a lease involves a transfer of a benefit arising out of land. On that basis, the subject-matter of the lease falls within the expression "immovable property" for Section 53-A. Possession taken under the uncompleted or unregistered lease could therefore be relied on as possession in part performance of the agreement embodied in the document.
Conclusion: A lease of immovable property is within Section 53-A of the Transfer of Property Act, 1882, and the plea of part performance was available on the facts.
Final Conclusion: The appeal failed because the courts below were correct in holding that the lease transaction attracted the protection of part performance, and the decree dismissing the suit stood affirmed.
Ratio Decidendi: For the purpose of Section 53-A of the Transfer of Property Act, 1882, a lease of immovable property is itself a transfer of immovable property, so possession taken under the lease may support a plea of part performance.
TaxTMI 
