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Showing contexts for: possession when protected in Ashok Gupta vs Gaurav Wasan on 16 April, 2021Matching Fragments
12. I am unable to agree. The possession of the appellant of the premises can either be as a tenant or as an agreement purchaser. If the possession is as a tenant, then the tenancy has been determined and the appellant has to go out of the possession. On the contrary, if the possession is as the agreement purchaser, an agreement purchaser can protect such possession only under Section 53A of the Transfer of Property Act and not otherwise. The benefit of Section 53A is not available to the appellant for the reason of the Agreement to Sell un der Section 17(1A) being required to be compulsorily registered and the agreement claimed by the appellant being not registered. This Court in Jiwan Dass Rawal v. Narain Das, AIR 1981 Delhi 291 has held that an agreement purchaser has no right in the premises, not only till a decree for specific performance of the said agreement is passed but also till the Conveyance Deed in pursuance thereto is executed. Thus, the rights of the appellant if any, as an agreement purchaser without the benefit of Section 53A, cannot be intertwined with the ejectment of the appellant from the premises as a tenant and the appel lant if in the proceedings for specific performance of the Agreement of Sale is found to have a prima facie case, the appellant can obtain the relief therein of restraining the respondents from dealing with the premises. "
19. Next, section 54, Transfer of Property Act mandates that a contract for the sale of immovable property does not, of itself, create any interest in or charge on such property.
20. Furthermore, defendants do not have the benefit of section 53A of Trans fer of Property Act inasmuch as the Agreement to Sell which they rely upon is admittedly unregistered. Reason being that under section 17(1A) of Registration Act on the strength of an unregistered Agreement to Sell, an agreement purchaser cannot seek to protect his possession on the basis of doctrine of part performance of contract as provided under section 53A, Transfer of Property Act.