#part performance

Bombay High Court rules that Section 53A of the Transfer of Property Act protects possession only as per the exact terms of the agreement. Constructed structures on open land, not covered in the agreement, do not enjoy protection, and failure to seek specific performance defeats the claim. The ruling underscores the need for precise alignment between possession and contractual terms in property disputes.

Allahabad HC rules that a transferee’s possessory title under Section 53A of the Transfer of Property Act remains enforceable even after the agreement’s expiry, provided possession is undisturbed and full consideration is paid. The ruling shields transferees from eviction or interference by the transferor or third parties, reinforcing equitable protection for part-performance.