AIR 2010 GUJARAT 17 ::2010 (2) AIR Kar R 138 ::2010 A I H C (NOC) 406 (GUJ) ::(2009) 3 Guj LH 768 ::2010 (1) GujLR 565 ::(2010) 89 AllIndCas 917 (GUJ) ::2010 (89) AllIndCas 917

Gujarat High Court

Hon'ble Judge(s): Mukesh R. Shah , J

Transfer of Property Act (4 of 1882) , S.53A— Scope - S.53-A imposes statutory bar on transferor to seek possession of immovable property from transferee in possession - Said bar cannot be imposed on third party who is not party to contract/agreement to sell - Consequently suit by proposed transferee against third party to contract for enforcement of bar created by S.53-A would not be maintainable. Section 53-A of the Act imposes a statutory bar on the transferor to seek possession of the immovable property from the transferee in possession. Therefore, it disentitles the transferor from seeking possession from the proposed transferee in possession. Therefore, if the transferor tries to take possession forcibly, the proposed transferee in possession would be entitled to institute a suit to enforce the bar of Section 53-A of the Act against the transferor. Therefore, remedy available to the prospective transferee in possession under Section 53-A of the Transfer of Property Act would be available only against the transferor i.e. with whom the prospective transferee has privity of contract and/or in other words who executed the agreement to sell in favour of proposed transferee. Therefore, proposed transferee in possession is entitled to institute the suit to enforce bar of Section 53-A of the Act against the transferor only. Such a statutory bar cannot impose o....