relevant for interpretation of the section. Section 53A
reads as under:
"53A. Where any person contracts to transfer for
consideration any immovable property ... section 4 of the Statute of Frauds may
now be examined with reference first to the English
decisions because section 53A enacts with some modification
powers under Section 26(1) of the Act
forming a prima facie opinion would be appealable in
16
terms of Section 53A ... section 26, section 27 , section 28 , section 31 , section 32 ,
section 33, section 38, section 39, section 43, section 43A, section 44 ,
26
section
learned counsel, the present
case is squarely covered by Section 2(47)(v) as Section 53A of
the Transfer of Property Act, 1882 is applicable ... stand in his way, as Section 2(47)(v)
only refers to a contract “of the nature” of Section 53A of the
Transfer of Property
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
Assessing Officer
applied the provisions of Section 2(47)(v) of the Act read with Section 53A
of the Transfer of Property ... section 2(47)(v) of the Act since
the said section only refers to the contract of the nature referred
to in section 53A
Transfer of PropertyAct (Act IV) 1882, sec. 53A-
Doctrine of Part Performance-Scope of.
West Bengal PremisesTenancy Act 1956-Appellant coming
into possession ... court.
Dismissing the appeal by special leave, the Court,
HELD : (1) Section 53A confers no active title on the
transferee in possession. It only imposes
meaning of section 9 .
18. That takes us to the contention of Mr. Kolah that in view of the provisions of section 53A ... regarded as "owner" within the meaning of section 9 of the Act. Section 53A lays down the doctrine of part performance as applied
substituted under Section 53 , by Act 25 of 2005
reads as follows:
“Explanation.In this section and in sections 53A and
54 ,
(a) "examination ... which Section 53A was inserted,
Section 164A was also inserted in the Code. While Section 53A
enables the medical examination of the person accused
right to protect his possession upon satisfying the conditions contained in Section 53A of the Transfer of Property Act. comes to an end and whether ... therefore, his possession of the suit field was protected by Section 53A of the Transfer of Property Act. 1882 (for short
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
