TP Act Section 53 A - Provision to be used as a shield and not as a sword by a party - Plaintiff in Suit for Specific Performance, not entitled to protection of his possession under Section 53-A.

Citation

2017 (1) CTC 561 (Mad)

IN THE HIGH COURT OF MADRAS (Madurai Bench)

M. Duralswamy, J.

S.A. (MD) No.511 of 2011 & M.P. (MD) No.1 of 2011 & M.P. (MD) No.1 of 2013 & M.P. (MD) No.1 of 2014.

January 20, 2017

M. Sankar Nadar.; S. Sundar Raj......Appellant

...VS ..

Deva Krishnan ... ...Respondent

Transfer of Property Act, 1882 (4 of 1882), Section 53-A- Plaintiff in Suit - Whether entitled to protection under provision-Protection of possession under provision only to be used as a defence by Defendant in a Suit and not for benefit of Plaintiff Provision to be used as a shield and not as a sword by a party - Plaintiff in Suit for Specific Performance, not entitled to protection of his possession under Section 53-A.