Ashok Kumar Bagga vs Rajvinder Kaur on 7 April, 2021
9. Learned Counsel for the Respondent distinguished the judgments
in Union of India v. K.C. Sharma (supra) and Sheth Maneklal
Masukhbhai (supra) and argued that the two judgments did not relate to
a dispute amongst landlords and tenants. The facts in the said cases were
clearly different inasmuch as the suit property therein was handed over
under part performance, but no lease deed was executed and in the facts
of those cases Section 53A of the Transfer of Property Act, 1882 was
invoked and held applicable by the Courts.