Prerequisites for Claiming Protection Under Section 53-A of the Transfer of Property Act : Supreme Court Clarifies
The Supreme Court in the case of GIRIYAPPA & ANR. VERSUS KAMALAMMA & ORS. has held that a transferee cannot invoke protection under Section 53-A of the Transfer of Property Act, 1882, without proving the execution of a valid sale agreement forming the basis of possession. The bench of Justices J.B. Pardiwala and R. Mahadevan upheld the Karnataka High Court's decision, which affirmed the Trial Court and First Appellate Court's ruling in favor of the plaintiff-respondent, decreeing the suit for title declaration and possession recovery.
The petitioners-defendants claimed possession of 2 guntas of land under a purported sale agreement dated 25.11.1968 but failed to substantiate their claim. They argued that Section 53-A barred the respondent from enforcing the contract, asserting their rights as prospective transferees in part performance. However, the courts found no evidence of a valid sale agreement, rendering the petitioners ineligible for protection under Section 53-A.
Section 53-A, designed to protect transferees in possession under unregistered contracts of sale, requires specific conditions: (a) a written and signed agreement with clear terms of transfer; (b) possession taken or retained in part performance of the contract; and (c) fulfillment or willingness to fulfill contractual obligations by the transferee. The Court noted that the petitioners failed to meet these prerequisites, as the alleged sale agreement lacked proof, and their possession was legally invalid. Consequently, the Court dismissed the petition.