
Case Law Analysis
|Bombay High Court
Section 53A TP Act | Possession Rights Limited to Contracted Property; Constructed Structures Beyond Agreement Scope Not Protected : Bombay HC
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.