AIR 2008 KARNATAKA 5 ::2008 (2) ALJ (NOC) 372 (KAR.) = AIR 2008 KARNATAKA 5 ::2008 (1) AIR Jhar R 213 ::2007 (6) AIR Kar R 365 ::2008 A I H C 430 ::(2007) ILR (Kant) 4623 ::(2008) 3 CivilCourtC 99 ::2008 (3) KantLJ 335 ::2008 (1) RenCR 415 ::(2008) 1 RentLR 166 ::(2008) 2 ICC 80

Karnataka High Court

Hon'ble Judge(s): Subhash B. Adi , J

(A) Transfer Of Property Act (4 of 1882) S. 53 A— Part-performance of contract — Agreement holder/tenant put in possession in part-performance of contract — However, in their written statement nowhere stating that they are ready to pay sale consideration — Agreement holder/tenant not ready and willing to perform contract but trying to set up title by adverse possession — Agreement holder/tenant cannot retain possession forever — Collection of rents from other tenants by agreement-holder — Does not prove their possession {" The agreement holder cannot become the owner by adverse possession. In order to protect possession, even under S. 53A of T. P. Act, the agreement holder, right from the date of agreement must show his readiness and willingness to perform his part of contract, showing that he has kept himself always ready to perform his part of contract. Readiness is one, which shows his capacity to pay the balance of consideration and perform the other obligations. "}