Topic

Section 53A

2 articlesLatest September 2026
Unregistered Agreement to Sell cannot confer possession under Order XII Rule 6 CPC nor trigger Section 53A protection | Property Sale & Possession Dispute : Delhi HC
Case Law Analysis
|Delhi High Court

Unregistered Agreement to Sell cannot confer possession under Order XII Rule 6 CPC nor trigger Section 53A protection | Property Sale & Possession Dispute : Delhi HC

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.

Section 111 Transfer of Property Act - Agreement to Sell & Partial Payment Do Not End Lease Without Surrender | Landlord-Tenant Dispute : SC
Case Law Analysis
|Supreme Court of India

Section 111 Transfer of Property Act - Agreement to Sell & Partial Payment Do Not End Lease Without Surrender | Landlord-Tenant Dispute : SC

An agreement to sell a premises and receipt of part-payment cannot by themselves terminate an existing lease; only a surrender under Section 111 of the Transfer of Property Act ends tenancy. This clarifies that landlords must obtain a formal surrender before evicting tenants, protecting occupants in similar sale-related disputes.