MATHEW VARGHESE Vs. KRISHNAN

JUDGEMENT

(1.) When a suit for specific performance resulted in dismissal on the ground of default of the plaintiff, whether he can seek protection under the umbrella of Section 53A of the Transfer of Property Act, to retain possession of property obtained in part performance of the contract for sale (2) when possession of property is protected under Section 53A of the Transfer of Property Act, what would be the status of title to the property and whether it will go along with the possession under Section 53A of the Act, if not, what would be the right, interest left out to the real owner of the property, the title holder (3) when protection under Section 53A of the Transfer of Property Act is exercised, whether it would culminate in a transfer of ownership over the property in favour of the possessor and if not, whether the owner can exercise right of ownership over the property (4) whether the property would stand as not capable of alienation or transfer unless there is completion of sale as mandated under Section 54 of the Transfer of Property Act and (5) whether Section 53A of the Transfer of Property Act is incomplete in its nature and would disturb the provisions governing transfer of interest over immoveable property, are the questions came up for consideration.

(2.) A suit for specific performance of contract and permanent prohibitory injunction against dispossession was dismissed by both the Courts below. The grievance of the plaintiff is that he is in possession of plaint schedule property in part performance of contract for sale, but no decree of permanent prohibitory injunction against dispossession was granted and that the benefit conferred under Section 53A of the Transfer of Property Art was not properly considered by the Courts below.

(3.) The agreement dated 11/09/1976 is for sale of 10 cents of property for a total consideration of Rs. 2,250/-. An amount of Rs. 2,000/- was paid in advance. The period of agreement was 5 months commencing from the date of purchase of another 10 cents of property by the defendant.