https://www.taxtmi.com/caselaws?id=185283 Section 53A of the Transfer of Property Act, 1882 applies only where the contract is in writing and signed by the transferor, the transferee has taken or continued in possession in part performance, an act has been done in furtherance of the contract, and the transferee has performed or remains willing to perform his part; these conditions are cumulative and each is essential. On the evidence, the recital in the later power of attorney showed that the transferor remained in possession, which undermined the plea of delivery of possession under the agreement to sell. The defendants were therefore denied the protection of section 53A, and the finding that possession was not delivered was upheld. en-us Thu, 25 Aug 2011 00:00:00 +0530 Sat, 06 Aug 2016 17:48:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185283 Section 53A of the Transfer of Property Act, 1882 applies only where the contract is in writing and signed by the transferor, the transferee has taken or continued in possession in part performance, an act has been done in furtherance of the contract, and the transferee has performed or remains willing to perform his part; these conditions are cumulative and each is essential. On the evidence, the recital in the later power of attorney showed that the transferor remained in possession, which undermined the plea of delivery of possession under the agreement to sell. The defendants were therefore denied the protection of section 53A, and the finding that possession was not delivered was upheld. Case-Laws Indian Laws Thu, 25 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185283