AIR 1957 ANDHRA PRADESH 854 ::1956 Andh WR 830 ::1956 AndhLT 725 ::ILR (1956) Andh 1019

Andhra Pradesh High Court

Hon'ble Judge(s): Subba Rao , C.J. AND Viswanatha Sastri , J

(A) Transfer of Property Act (4 of 1882) , S.53A— S.53A can be used by plaintiff as a shield to defend his rights. Section 53-A does not either expressly or by necessary implication indicate that the rights conferred on the transferee thereunder can only be invoked as a defendant and not as a plaintiff. Under the section no title passes to a transferee. He cannot file a suit for a declaration of his title to the property or seek to recover possession of the same on the basis of any title conferred to him. But, if the conditions laid down in the section are complied with, it enables the transferee to defend his possession if the transferor seeks to enforce his rights against the property. This statutory right he can avail himself both as a plaintiff and as defendant provided he is using his right as a shield and not as a sword. Or to put it in other words, he cannot seek to enforce his title but he can resist the attack made by a transferor. AIR 1939 All 611 and AIR 1944 Oudh 212, Rel. on. Case Law Ref.(Para 4 19) Anno: AIR Com. T. P. Act, S. 53A, N. 13. (B) Transfer of Property Act (4 of 1882) , S.53A— Conditions for application of S.53A. The necessary conditions for the application of S. 53A....