Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
The Supreme Court explained the conditions for invoking Section 53A of the Transfer of Property Act, emphasizing that the provision protects possession in case of part performance of a contract for the transfer of immovable property. The Court clarified that for this section to be invoked, there must be an agreement to transfer property, the transferee must have taken possession, and the transferee must have performed their part of the contract. Additionally, the Court stated that merely taking possession or making partial payments is not enough unless all conditions of the contract are met. This ruling clarifies the scope of Section 53A, providing clearer guidelines for its application in cases involving part performance of property transactions.