Case Law Details
RELEVANT PARAGRAPH
6.2 Section 53 A of the Transfer of Property Act, 1982 reads as follows:
“Whether any person contracts to transfer for consideration am immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty. ‘ and the transfer has in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in pan performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract.
then, notwithstanding that the contract, though required to be registered, has not been registered, or. where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:
Provided that nothing in this section shall affect the rights oi’ a transferee for consideration who has no notice of the contract or of the part performance thereof.”
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Pushpa