Act/Law wise: Judgment of Supreme Court of India

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Transfer of Property Act, 1882 (India)
Section/Order/Article/Rule/Regulation Head Note
Section 53A

Confers no right on a party who was not willing to perform his part of the contract–
It is well settled law that Section 53A of the TP Act confers no right on a party who was not willing to perform his part of the contract. A transferee has to prove that he was honestly ready and willing to perform his part under the contract. We do not find any reason for not granting specific performance in favour of Respondent Nos. 1 and 2. Hence, in the interest of justice and since the Respondent Nos. 1 & 2 are in possession of suit land for long time, we do not find any illegality with the reasoned judgment passed by the High Court in granting specific performance in their favour subject to paying of the sale consideration by them as per the present prevailing market value within six months from today. The appeal is dismissed with no order as to costs. .....Shivaji Yallappa Patil =VS= Sri Ranajeet Appasaheb Patil, (Civil), 2018 (2) [5 LM (SC) 16] ....View Full Judgment

Section 53A

It is well settled that the defendant who intends to avail the benefit of this provision must plead that he has taken possession of the property in part performance of the contract. Perusal of the written statement of the first defendant shows that he has not raised such a plea. Pleadings are meant to give to each side, intimation of the case of the other, so that, it may be met to enable courts to determine what is really at issue between the parties. No relief can be granted to a party without the pleadings. Therefore, it is not open for the first defendant/appellant to claim the benefit available under Section 53A of the T.P. Act. .....Shyam Narayan Prasad =VS= Krishna Prasad, (Civil), 2018 (2) [5 LM (SC) 21] ....View Full Judgment

Section 54

The Registration Act, 1908
Section 47, 49
The Transfer of Property Act, 1882
Section 54
Registered document– In terms of section 54 of the Transfer of Property Act, 1882, the transfer of immoveable property of the value of hundred rupees and upwards can be made only by registered instrument, whereas in terms of section 49 of the Registration Act, 1908, a document, which is required to be registered under the said Act, can operate to create any right, title or interest in any immoveable property, only if it is so registered. However, section 47 of the Registration Act, clearly lays down that a registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. ...Muhammad Mansha =VS= Industrial Development Bank of Pakistan, (Civil), 2020 [9 LM (SC) 44] ....View Full Judgment