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2011 (8) TMI 1204 - SC - Indian Laws

Issues Involved:
1. Dispute over property ownership and possession.
2. Interpretation of Section 53A of the Transfer of Property Act, 1882.

For the first issue, the plaintiffs filed a suit claiming ownership and possession of a property based on a chain of title from Ramakrishna to Honnanna. The defendants, Nanjegowda and Jayamma, contested the suit, claiming title based on an agreement to sale dated 27th November, 1982. The Trial Court found that the defendants failed to prove the agreement and possession transfer, leading to a decree in favor of the plaintiffs. The High Court upheld this decision.

Regarding the interpretation of Section 53A of the Act, the defendants argued that despite the absence of a registered sale deed, they should have rights over the property due to possession transfer under the agreement to sale. However, the courts found that the defendants did not fulfill the conditions of Section 53A, as possession was not effectively transferred to Jayamma as claimed. Therefore, the provision was not applicable, and the appeal was dismissed.

In conclusion, the Supreme Court upheld the lower courts' decisions, ruling against the defendants' claim of ownership based on the unregistered agreement to sale and lack of fulfillment of Section 53A conditions.

 

 

 

 

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