defendant
relies upon Section 10 of CPC. Secondly, reliance is placed by the defendant
on Section 53A of the Transfer of Property Act to claim ... evidence in view of Sections 17(1A) read with
Section 49 of the Registration Act. Thus, benefit of Section 53A
could have been given
words "ANDAPPELLATE BOARD" shall be omitted; (d) sections 11 and 12 shall be omitted; (e) in sections ... section 50, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted; (g) in section 53A,— (i) for the words
developed project. We agree with the ld. AR that provision of Section
53A of the Transfer of Property Act cannot be made applicable
same is part performance of
the contract, in nature, as per Section 53A of the Transfer of
Property Act, 1882, it had been held that ... Transfer of Property Act are satisfied. This section is
reproduced below for ready reference:
" Sec. 53A --Part performance--Where any person contracts to
transfer
submitted that one of the main conditions for invoking
provisions of section 53A of the Transfer of Property Act is that the
possession should have ... undertaking development works on the property.
Hence the provisions of sec.53A of Transfer of Property Act will not
apply.
ITA No.1250/Bang/2018
Property
Act with section 17 (1A) of the Registration Act, makes it amply clear
that the benefits of section 53A for protecting his possession ... Property Act, 1882. Section 17 (1A) and Section 49 of
the Registration Act, 1908, particularly to proviso to
Section 49 of Indian Registration
Digitally Signed
By:KAMAL KUMAR
Signing Date:08.08.2021
12:58:28
Section 53A of the Transfer of Property Act, 1882 (hereinafter referred ... held that
wherever the Defendant intends to avail the benefit of Section 53A of TPA,
he must plead that he has taken possession
settled only by
approaching the civil Court having jurisdiction under Section 53A of the Tamil
Nadu Recognised Private Schools (Regulation) Act, 1973. The second Writ ... would find an answer in the
Section itself. The issue of whether the order passed under Section 53A is
appealable or not is though
with the mandatory procedure contemplated under
Section 53A of the Abkari Act. It was pointed out
that, the wash which was seized by the Excise ... over the area where the seizure was
made. In Sub-section (5) of Section 53A
contemplates that once such an inventory is
prepared following
Section 53A
going by provisions under Section 67B of the Act. A
perusal of sub-section (2) of Section 53-A would reveal
that ... certifying correctness of any
list of sample so drawn. Sub-section (5) of Section 53A
also assumes relevance. Going by the same, an inventory
