delivered possession in part performance of the contract or he, being already in possession as lessee, continued in possession in part performance of the agreement ... contract to purchase the property, to confer the benefit of protecting possession under the plea of part performance his act effective from that day must
would arise vis-à-vis the prayer for possession.
12. The defence of possession being protected under
Section 53A of the Transfer of Property ... seeking
specific performance being withdrawn; we see no scope to now
protect the possession under an agreement to sell.
16. Learned counsel for the appellant
disentitles the transferor from disturbing the
possession of the proposed transferee who is put in
possession in pursuance to such an agreement. It has
nothing ... sale deed in favour of
the transferee. Such a right to protect possession against the
proposed vendor cannot be pressed into service against a
third
right, and record receipt of the entire sale
consideration; thereby protecting the possession of the
transferee under Section 53A of the Transfer of Property
plaint or is it entitled to defend its possession as per defense pleaded in the written statement.
5. To put it pithly, according ... lease agreement but an agreement to lease it was entitled to protect the possession under Section 53A of the Transfer of Property
having received `1,20,000/- (Rupees One Lacs Twenty Thousand only) and
possession handed over in the year 1959. The plaint admits the purchasers
having ... Issues concerning sufficient possessory rights accruing in favour of
Kanwarni Padmini Shah protectable under Section 53A of the Transfer of
Property Act could be raised
