pursuance of the agreement for sale as contemplated under
section 53A of the TP Act. Once the sale agreement comes under the
provisions of section ... 53A of the TP Act, handing over of possession takes place and
the provisions under section 2(47) would squarely apply. That apart, the
argument
Court has protected the sale
documents which are covered by Section 53A of TP Act on the
principle of part performance. The sale documents including ... duty so that the vendee can seek
the benefit of Section 53A of TP Act. However, in the present case all
the sale documents executed
said section 53A.
CS DJ ADJ No.16355/16 14
29. It is also relevant to observe that Section 53A of the TP
Act ... section 53A of TP Act). According to
TP Act, an agreement of sale, whether with possession or without
possession, is not a conveyance. Section
duty cast on the registering officer under Section 32 of
the Act was only to satisfy himself that the document was
executed by the person ... used to obtain specific performance or to
defend possession under section 53A of TP Act. If they
are entered before this day, they
sale is recognised in Section 3 of the Specific
Relief Act, 1963, and in Section 91 of the Trusts
Act. The personal obligation created ... Section 53A of TP Act). According to TP
Act, an agreement of sale, whether with possession or
without possession, is not a conveyance. Section
this Court held:
"Protection provided under Section 53A of the Act
to the proposed transferee is a shield only against the
transferor. It disentitles ... section 53A of TP
Act). According to TP Act, an agreement of sale,
whether with possession or without possession, is not a
conveyance. Section
above the
transferor.
14. Section 17 of the Registration Act, 1908 was amended
by the Act 48 of 2001 wherein section ... section 53-A of TP Act and Section 17(1A) of
the Registration Act reveals that evidence part
performance as envisaged by Section 53A
this Court held:
"Protection provided under Section 53A of the Act to
the proposed transferee is a shield only against the
transferor. It disentitles ... Section 53A of TP Act). According to TP Act, an
agreement of sale, whether with possession or without
possession, is not a conveyance. Section
Dr. P. Mahalingam vs Muthoot Fincrop Ltd on 14 February, 2022
NATIONAL COMPANY LAW APPELLATE
Dr. P. Mahalingam vs Muthoot Fincrop Ltd on 14 February, 2022
NATIONAL COMPANY LAW APPELLATE
