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[Transfer of Property Act] Possession delivered in terms of sale agreement protected under Section 53A: Supreme Court

The apex court was considering a matter in which the plaintiff- respondent had filed a suit for possession of a piece of land.

The plaintiff before the trial court contended that there was an agreement of sale between the plaintiff and the defendant-appellant which was executed in 1997. It is in view of this agreement of sale that possession was delivered to the appellant, he claimed.

The trial court dismissed the suit filed by the plaintiff stating that the sale consideration was paid to the plaintiff and the appellant was in possession of the land. It directed the plaintiff to execute the sale deed in favour of the appellant.

However, this order was set aside in favour of the plaintiff-respondent by the first appellate court. The order of the first appellate court was later affirmed by the Chhattisgarh High Court prompting the present appeal at the apex court.

Source: Barandbench

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