Agreement to sell and GPA do not transfer title, but part performance can protect possessory rights in immovable property.

An agreement to sell does not, by itself, transfer ownership in immovable property, and title passes only through a registered conveyance under the Transfer of Property Act and the Registration Act. A general power of attorney and a will, standing alone, also do not create present title. Where consideration has been paid and possession delivered in part performance, the purchaser may acquire possessory rights protected under section 53A of the Transfer of Property Act, 1882. On the facts described, the plaintiff's possessory title was treated as sufficient to support eviction and mesne profits after termination of the defendant's licence.

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Issues: Whether the documents relied upon by the plaintiff, namely the agreement to sell, general power of attorney, will, possession memo and receipt of consideration, conferred title or enforceable possessory rights sufficient to sustain a decree for eviction and mesne profits after termination of the defendant's licence.

Analysis: An agreement to sell does not by itself transfer ownership in immovable property, and title cannot pass without a registered conveyance in accordance with the Transfer of Property Act and the Registration Act. However, where the purchaser has paid the consideration and has been placed in possession in part performance of the agreement, the purchaser acquires possessory rights protected by section 53A of the Transfer of Property Act, 1882. A general power of attorney and a will, by themselves, do not confer present title. On the facts found, the plaintiff had settled possessory title, while the defendant's later occupation was only as a licencee.

Conclusion: The plaintiff was entitled to protect his possessory rights and to seek eviction and mesne profits after valid termination of the licence. The appeal fails.

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