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Civil · Reportable judgment

Giriyappa & Anr. vs Kamalamma & Ors.

Court
Supreme Court of India
Date
20 December 2024
Case No.
Special Leave Petition (Civil) No. 30804 of 2024
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2024] 12 S.C.R. 2095 : 2024 INSC 1043
Acts & Sections
TP Act Specific Relief Act, 1963
Supreme Court Reports [2024] 12 S.C.R. 2095 : 2024 INSC 1043
Issue for consideration
When can the protection u/s.53A of the Transfer of Property Act 1882 be granted in a suit filed for declaration of title and recovery of possession.
Headnote

Transfer of Property Act 1882 – s.53A – Protection of s.53A is available subject to certain prerequisites – s.53A is an exception to the provisions which require a contract to be in writing and registered and which bar proof of such contract by any other evidence – Exception must be strictly construed – High Court committed no error in impugned judgment and order – SLP dismissed:

Held: Respondents (original plaintiffs) filed a suit for declaration of title and recovery of possession – Petitioners (original defendants) contended that the Respondents executed a sale agreement dated 25-11-1968 in their favour and since then the Petitioners came to be in possession of the land – Trial Court decreed the suit in favour of the Respondents – Regular First Appeal filed by Petitioners dismissed – High Court in impugned judgment and order dismissed Second Appeal, observing that the protection under Section 53A of the Transfer of Property Act 1882 (“TP Act”) does not arise as defendant has failed to prove that plaintiff has executed the Sale Agreement – No error committed by High Court in impugned judgment and order – SLP dismissed. [Paras 8, 9, 15]

Protection under Section 53A-Prerequisites of: Held: 1. Protection under Section 53A is available subject to prerequisites: (a) there is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his behalf, from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty;

(b) The transferee has, in part-performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract; (c) The transferee has done some act in furtherance of the contract and has performed or is willing to perform his part of the contract. [Para 11]

2. Effect of Section 53A is to relax the strict provisions of the TP Act and the Registration Act in favour of transferees and to allow the defence of part performance to be established – It is an exception to the provisions which require a contract to be in writing and registered and which bar proof of such contract by any other evidence – The exception must be strictly construed.[Paras 13, 14]

Keywords: Part performance · Section 53A of Transfer of Property Act · Suit for declaration · Recovery of possession · Sale agreement · Proof of execution of sale agreement · Strict construction

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Adeeba Mujahid, Hony. Associate Editor (Verified by: Shibani Ghosh, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Delay condoned. 2. This petition arises from the order passed by the High Court of Karnataka at Bengaluru dated 23-8-2024 in Regular Second Appeal No.1740/2008, by which the appeal filed by the petitioners – herein (original defendants) came to be dismissed, thereby affirming the judgment and order passed by the First Appellate Court and also the judgment and decree passed by the Trial Court. 3. We have heard Mr. Anand Sanjay M. Nuli, the learned Senior counsel appearing for the petitioners. 4. It appears from the materials on record that the respondents – herein (original plainti
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