Section 17(1)(d) of the Indian Registration Act and was not also available for purposes of a defence under Section 53A of the said ... lose all importance except for purposes of the aforesaid section. The question of Section 53A of the Transfer of Property Act thus assumes
drawn under
sub-section (2) and certified by the Magistrate, as primary
evidence in respect of such offence.
17. Section 53A of the Act comes ... Section 67B of the
Abkari Act. Therefore, he was not an
authorised officer competent to prepare the
inventory under sub-section (2) of Section 53A
soon as the defence is raised in the written statement under Section 53A of the T. P. Act, 1882, contending inter alia that the defendant ... from the owner is debarred enforcing against the transferee-defendant under Section 53A of the T. P. Act any right in respect of the property
transfer of property before April 1, 1930. But Section 16 which introduces Section 53A is not one of them, and, therefore, by implication Section 53A ... commentary on Section 49 of the Indian Registration Act at page 178. In my opinion, therefore, apart from Section 53A of the Transfer of Property
plaintiffs on 14th Magh 1341 B. S.
Paragraph 4 of the section ( Section 53A ) clearly shows that the "contract to transfer", referred ... valid objection in law to its reception in evidence. The section (Section 53A) itself clearly contemplates proof of these matters by the defective "instrument
Section 92 of the Act which has been held to be retrospective for reasons which apply equally to the case of Section 53A . Tota ... This section begins by saying that certain provisions of the Amending Act (which do not include Section 92 or Section 53A ) shall not be deemed
barred and she was not entitled to take any benefit of Section 53A of the Transfer of Property Act. His further case is that ... therefore, held that there was no question of the application of Section 53A of the Transfer of Property Act, that the plaintiff had not proved
proviso to Section 49 of the Registration Act, and consequently for the purpose of establishing part performance as per Section 53A of the Transfer ... permissible under the proviso to Section 49 of the Registration Act, so as to establish part performance under Section 53A of the Transfer of Properly
completed or
formalised under Section 107 of the Act, the defendant is not entitled to seek
protection under Section 53A of the Act....
************ **************
...15. Assuming ... cannot claim protection
under the said section.
17. Now reverting back to the main question, viz assuming Section 53A of the Act
were applicable
were not entitled to invoke in their aid the provisions of Section 53A , T.P. Act, because those provisions are available only to a deft ... including the village in suit; & (3) that the provisions of Section 53A , T.P. Act, are available to the appellants although they
