#Possession decree

The Delhi High Court overturned two district-court possession orders, ruling that an unregistered agreement to sell cannot be invoked to obtain possession under Order XII Rule 6 CPC and does not attract the protection of Section 53A of the Transfer of Property Act. This limits claimants from using informal sale agreements to secure possession of property.

Partial payment of the purchase price does not invalidate a sale deed, the Delhi High Court ruled, applying Section 54 of the Transfer of Property Act to uphold the deed, possession and rent-arrears claims. This safeguards parties in property transactions from having agreements undone solely due to incomplete consideration.

Delhi HC affirms that an irrevocable General Power of Attorney coupled with interest survives the principal’s death, upholding a possession decree and mesne profits award under Section 202 of the Contract Act. The ruling clarifies agency continuity in property disputes.

The Allahabad High Court has affirmed that once objections to an arbitration award are dismissed under Section 34 of the Arbitration and Conciliation Act, 1996, the executing court is bound by that decision and cannot revisit the validity of the award or the arbitrator’s appointment. This reinforces the finality of arbitral awards and prevents serial litigation in execution proceedings, safeguarding the efficiency of alternative dispute resolution.