Not necessary that transferee has to always exercise right under 53- A as a shield only - He can also seek protection of such right of possession by getting an injunction against Transferor also.

Citation

2014 (1) MWN (Civil) 61 (Mad)

IN THE HIGH COURT OF MADRAS

R. Subblah, J.

CR.P. (PD) No. 154 of 2011 & M.P. No.1 of 2011.

October 31, 2013

S. Baskar...Petitioner

Vs.

Palanisamy (Died) 1. A.R.P. Ayyamperumal and Others.      ...Respondent

TRANSTER OF PROPERTY ACT, 1882 (4 of 1882) - Doctrine of Part Performance - Suit for Specific Performance - Not necessary that fonts see has to always exercise right under 53- A as a shield only - He can also seek protection of such right of possession by getting an injunction against Fansite or also - Not necessary for fontee to wait till for initiates legal action to enforce any right in respect of subject towers, and when possession is handed over to transferee and transferee also does some act in furtherance of contract, right of trans Chor to enforce any right in respect of property against such fans @ree in possession is barred. [Para 14]

CASES REFERRED