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Void agreement for sale cannot take benefit of section 53A of Transfer of Property Act
Case Law Details
- Case Name
- Ligy Paul Vs Mariyakutty (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Kerala High Court
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Ligy Paul Vs Mariyakutty (Kerala High Court)
Conclusion: Section 53A of the Transfer of Property Act, 1882 was not applicable in respect of an agreement for sale which was void in nature. It was settled law that what could not be sold directly was not also be sold indirectly by way of contract for sale. It was within the realm of the competent authority to take appropriate action for restoration of the land assigned to the original assignee in accordance with law.
Held: In the instant case, the suit was filed for permanent prohibitory injunction restraining the defendants from...
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