delivery of possession to be compulsorily registrable for
the purpose of protecting the possession under Section 53-A of the Transfer
of Property ... present case, the suit is for specific
performance and not for protecting possession under Section 53-A of the
12 of 13
::: Downloaded
agreement to sell, in essence, becomes an attempt to
protect physical possession and therefore, on the basis of
an un-registered agreement to sell ... possession, the same would not amount to a suit for protecting the
physical possession only. If ultimately such suit is dismissed by the Court
while
also examined DW8, a
revenue officials to prove that they are in possession after raising
construction on the plot in question.
Both the courts ... amendment in
Section 17(1)(a) is for the purpose of protecting possession pursuant to the
agreement to sell under Section 53A of the Transfer
Registration Act is applicable only if
a person intends to protect his possession as provided under Section 53-
A of the Transfer of Property
entire sale consideration, followed by Power of Attorney and
delivery of possession renders the power of attorney irrevocable and in view
of Section ... vendor cannot revoke the power
of attorney and the possession of the plaintiff is protected under Section 53-
A of the Transfer of Property
tenant holding over the possession after the term of
tenancy has expired is protected under the aforesaid Act.
2 of 7
::: Downloaded
