Section 53-A part performance protection cannot be used as a sword where the underlying agreement is sham and creditor rights are defeated.

Section 53-A of the Transfer of Property Act gives only a defensive bar to enforcement of the transferor's rights where a transferee is in possession under a genuine contract and remains ready and willing to perform. It does not create title or an independent cause of action, and cannot be used as a sword to seek declaration or injunction. On the stated facts, the agreement relied on was found to be sham, nominal, inadequately supported by consideration, and designed to defeat creditors' rights, so equitable protection under section 53-A was unavailable.

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Issues: Whether the petitioner could invoke section 53-A of the Transfer of Property Act to protect possession and seek declaratory and injunctive relief in respect of the attached land.

Analysis: Section 53-A confers only a statutory bar against enforcement of the transferor's rights where the transferee has entered possession in part performance of a genuine contract and is ready and willing to perform his part. It does not create title or an independent right in the transferee, and it can operate only as a shield, not as a sword. On the findings recorded, the agreement set up by the petitioner was sham, nominal, inadequately supported by consideration, and brought into existence to defeat the creditor's rights. The petitioner was therefore not entitled to equitable protection under the section.

Conclusion: The petitioner could not claim the benefit of section 53-A to defeat the attachment or sustain the suit for declaration and injunction.

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