https://www.taxtmi.com/caselaws?id=171604 A transferee in possession under an agreement to sell may still invoke the defence of part performance under Section 53A of the Transfer of Property Act even after limitation bars a suit for specific performance, because limitation ordinarily bars the remedy by suit and does not extinguish a statutory defence unless the law so provides. The protection under Section 53A continues where the transferee entered into possession in part performance and remains ready and willing to perform contractual obligations. On that basis, the defence remained available and the matter was remitted to the High Court for decision on any remaining question of law. en-us Tue, 22 Jan 2002 00:00:00 +0530 Tue, 23 Dec 2025 14:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171604 A transferee in possession under an agreement to sell may still invoke the defence of part performance under Section 53A of the Transfer of Property Act even after limitation bars a suit for specific performance, because limitation ordinarily bars the remedy by suit and does not extinguish a statutory defence unless the law so provides. The protection under Section 53A continues where the transferee entered into possession in part performance and remains ready and willing to perform contractual obligations. On that basis, the defence remained available and the matter was remitted to the High Court for decision on any remaining question of law. Case-Laws Indian Laws Tue, 22 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171604