Agreement to sell Transferee in possession by satisfying all conditions of S.53-A Can seek - protection of his right under S.53-A - Whether he comes to Court as plaintiff or as a defendant is immaterial.

Citation

AIR 2003 MADHYA PRADESH 145

MADHYA PRADESH HIGH COURT (Principal Seat at JABALPUR) S. P. KHARE, J.

Misc. Appeal No. 1303 of 1998, D/-25-7-2002*

M/s. Chetak Constructions Limited, Indore v. Om Prakash and other

(A)Transfer of Property Act (4 of 1882), S.53A - Part performance Protection of Who can claim - - Agreement to sell Transferee in possession by satisfying all conditions of S.53-A Can seek - protection of his right under S.53-A - Whether he comes to Court as plaintiff or as a defendant is immaterial.

AIR 1940 PC 1, Explained in AIR 1944 Oudh 212 and AIR 1957 AP 854. (Paras 12 13 21)

(B)Transfer of Property Act (4 of 1882), S.53A - Part performance Protection of Who can claim Transferee in possession under agreement to sell by satisfying all conditions of S.53-A - Can protect his possession even if he has not filed suit for specific performance of contract and thereby disabled himself for acquiring legal title. (Para 23)