https://www.taxtmi.com/caselaws?id=461393 Section 53-A of the Transfer of Property Act, 1882 gives only a limited defensive protection and is strictly construed. It applies only where there is a written contract signed by the transferor, possession is taken or continued in part-performance, and the transferee has performed or has always been ready and willing to perform the essential terms. The SC noted that the concurrent findings did not prove the alleged sale agreement or the claimed possession. As those foundational facts were not established, the protection under Section 53-A could not be invoked, and the related readiness-and-willingness requirement under Section 16 of the Specific Relief Act, 1963 also supported of relief. en-us Fri, 20 Dec 2024 00:00:00 +0530 Thu, 03 Apr 2025 21:17:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=461393 Section 53-A of the Transfer of Property Act, 1882 gives only a limited defensive protection and is strictly construed. It applies only where there is a written contract signed by the transferor, possession is taken or continued in part-performance, and the transferee has performed or has always been ready and willing to perform the essential terms. The SC noted that the concurrent findings did not prove the alleged sale agreement or the claimed possession. As those foundational facts were not established, the protection under Section 53-A could not be invoked, and the related readiness-and-willingness requirement under Section 16 of the Specific Relief Act, 1963 also supported of relief. Case-Laws Indian Laws Fri, 20 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=461393