unregistered Sale Agreement can be received as evidence for relief of Specific Performance, but inadmissible for seeking protection under Section 53-A.

Citation

2022 (4) CTC 649 (Mad)

2022(3) MWN(civil) 604

IN THE HIGH COURT OF MADRAS

N. Anand Venkatesh, 3.

SA. No. 565 of 2015 & M.P. No.1 of 2015

April 29, 2022

Lakshmi Ammal. 2. Viswanathan. 3. Amaresan... Appellant

Vs. 

Gejaraj (died), 2. Kuppuswamy. 3. Nagalingam. 4. Manimegalai. 5. Ilakiya. [R4 & R5 brought on record as Legal Heirs of the deceased R1 vide Court Order, dated 31.3.2022 made in C.M.P. No.4420 of 2022 in S.A. No.565 of 2015]

...Respondent

Transfer of Property Act, 1882 (4 of 1882), dion 53-A-Unregistered Sale Agreement Evidentiary value for Specific Performance Part consideration paid under Sale Agreement and possession taken by Plaintiff - Sale Agreement not registered Whether Plaintiff protected under Section 53-A- Held, unregistered Sale Agreement can be received as evidence for relief of Specific Performance, but inadmissible for seeking protection under Section 53-A-Ratio laid down in Ameer Minhaj v. Diedra Elizabeth (Wright) Issar, 2018 (5) LW 363 followed.