Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 53-A---Benefit of part performance---Scope---Agreement to sell disputed property---Such agreement not executed and registered due to a ban on registration of property---Claim over disputed property on basis of agreement to sell and irrevocable power of attorney issued by the transferor---Failure to prove possession over disputed property---Effect---Benefit of part performance not available without proof of possession---Scope---Plaintiffs (respondents) had filed suit for declaration and possession over disputed property---Defendant (appellant) contested the suit and claimed title over the disputed property with the contentions that the deceased, who was predecessor-in-interest of the plaintiffs, had executed an agreement to sell in favour of the defendant; that defendant was put in possession of the disputed property; that after the execution of the agreement to sell, there was a ban on registration of property, therefore, deceased executed an irrevocable power of attorney and sworn affidavit acknowledging possession of the defendant---Trial Court while disagreeing with the defendant, decreed the suit of the plaintiffs---Appeal against order of the Trial Court was dismissed by the High Court---Validity---Agreement to sell stated that deceased had handed over possession of the disputed property to the defendant, who contended that due to a ban on registration of property, the deceased executed an irrevocable power of attorney in her favour---Contents of the said power of attorney showed that at the time of its execution, disputed property was in possession of the deceased (transferor)-­- Had the defendant got possession of the disputed property in pursuance of the agreement to sell, there was no occasion for the deceased (transferor) to state in the power of attorney, that he was in possession of the disputed property---Findings of the both the courts below that defendant did not get possession of the disputed property after execution of the agreement to sell, were correct and did not call for any interference---Section 53-A of the Transfer of Property Act, 1882, was not attracted in the present case and…

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