https://www.taxtmi.com/caselaws?id=109272 A purchaser in possession under an unregistered agreement to sell could not use section 53A of the Transfer of Property Act, 1882 to resist enforcement measures taken by a mortgagee under the securitisation statute, because an agreement to sell does not create title and the special Act prevails over inconsistent provisions. The writ court also declined interference under Article 226 where section 17 provided an efficacious statutory forum, especially on disputed questions about the alleged purchase and the parties' status. The challenge to the bank's action therefore failed, while liberty remained to pursue representation and the statutory remedy after measures under section 13(4) were taken. en-us Wed, 07 Jul 2004 00:00:00 +0530 Sat, 07 Apr 2012 12:16:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109272 A purchaser in possession under an unregistered agreement to sell could not use section 53A of the Transfer of Property Act, 1882 to resist enforcement measures taken by a mortgagee under the securitisation statute, because an agreement to sell does not create title and the special Act prevails over inconsistent provisions. The writ court also declined interference under Article 226 where section 17 provided an efficacious statutory forum, especially on disputed questions about the alleged purchase and the parties' status. The challenge to the bank's action therefore failed, while liberty remained to pursue representation and the statutory remedy after measures under section 13(4) were taken. Case-Laws Companies Law Wed, 07 Jul 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109272