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    <title>1969 (10) TMI 67 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=154370</link>
    <description>A transferee in possession under a written contract for transfer of immovable property could resist ejectment under section 53A of the Transfer of Property Act where possession had been delivered, part payment had been made, and the contract carried an implied obligation on the transferor to obtain the necessary governmental sanction. The Supreme Court treated the transferee&#039;s readiness and willingness in light of the contractual sequence, holding that he could not be expected to tender the balance price before the transferor completed his own obligations. The statutory bar relied on did not defeat the part-performance defence because the transferee was not claiming title under a completed sale but only asserting protection against eviction.</description>
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    <pubDate>Thu, 16 Oct 1969 00:00:00 +0530</pubDate>
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      <title>1969 (10) TMI 67 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=154370</link>
      <description>A transferee in possession under a written contract for transfer of immovable property could resist ejectment under section 53A of the Transfer of Property Act where possession had been delivered, part payment had been made, and the contract carried an implied obligation on the transferor to obtain the necessary governmental sanction. The Supreme Court treated the transferee&#039;s readiness and willingness in light of the contractual sequence, holding that he could not be expected to tender the balance price before the transferor completed his own obligations. The statutory bar relied on did not defeat the part-performance defence because the transferee was not claiming title under a completed sale but only asserting protection against eviction.</description>
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      <pubDate>Thu, 16 Oct 1969 00:00:00 +0530</pubDate>
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