executed by her.
(v) The plaintiff‟s suit was barred by Section 53A
of the Transfer of Property Act, 1882 and the
plaintiff was estopped ... document. This Court held the suit to be barred
by Section 53A of the Transfer of Property Act, 1882 and,
therefore, the vendor
application:
i. A legal bar to the suit under Section 53A of the Transfer of
Property Act, 1882 (hereinafter referred ... requirements of that Section are fulfilled. The judgment further
observes that the vendee cannot invoke the protection granted by
Section 53A
appellant / defendant being an agreement purchaser of
immovable property cannot under Section 53A of the Transfer
of Property Act, 1882 be ejected therefrom;
(cc) that ... admission that it is
not liable to the protection under said Section 53A of the
Transfer of Property Act, 1882;
(dd) that the appellant / defendant
defendant is entitled to protection U/S 53 A of the Transfer of Property Act ?
Protection of Section 53A of the TP Act not available ... given which nullifies the condition prescribed by Section 107 of the TP Act. Section 53A and Section 107 are to be read harmoniously so that
support his arguments he placed heavy reliance on the provisions of Section 53A of the Transfer of Property Act, which is reproduced as under ... under Section 49 , Registration Act as evidence of part performance."
9. On the strength of this observation and the provisions of Section 53A
completed or formalised under section 107 of the Act, the defendant is not entitled to seek protection under Section 53A ... cannot claim protection under the said section.
16. Now reverting back to the main question, viz, assuming section 53A of the Act were applicable
become the owner of the suit plot
by virtue of Section 53A of Transfer of Property Act, 1882 as then
applicable? This aspect would also ... under Section
53-A however the appellants/plaintiffs in the interest of justice have been
allowed to argue on this basis. Under Section 53A , once
amendment - on a joint reading of
Section 17 (1A) , Section 49 of the Registration Act and Section 53A of the
Transfer of Property ... reading of
Section 17(1)(A) and Section 49 of the Registration Act, the claim to right,
title and interest under Section 53A
executed before 24.09.2001 when Act 48 of 2001 was passed amending Section
53A of the Transfer of Property Act and other ... related sections of related statutes
and the agreement to sell of 1988 was not to be registered as per the then existing
Section 53A
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
