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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR
S.G. Ramappa, S/o Late Ganganna – Appellant
Versus
S.C. Chandrashekharappa, S/o. Channabasappa – Respondent
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
The appellant in these two appeals is the plaintiff in O.S.No.439/2015 has filed the suit for a specific performance of contract and the said suit was dismissed. Being aggrieved by it the plaintiff has preferred an appeal in R.A.No.28/2025 and in the said regular appeal the plaintiff/appellant has filed I.A.No.I under Section 5 3A of the Transfer of Property Act, 1882 (for short ‘TP Act’) r/w Section 5 of CPC and I.A.No.III filed under Order 39 Rules 1 and 2 of CPC seeking protection of his possession over the suit schedule property based on the agreement of sale dated 16.04.2008 and I.A.No.II is filed under Order 39 Rule 1 and 2 r/w Section 151 of CPC seeking to restrain the defendant from alienating or creating any third party interest or encumbering of any sort over the suit schedule property.
2. The appellate court has dismissed the I.A.Nos.I and III and allowed I.A.No.II. By virtue of order passed on I.A.No.II the defendant is restrained from alienating or creating any third party interest over the suit schedule property.
3. Being aggrieved by the order passed on I.A.Nos.I and III the present appeal is filed.
4. The learned Senior Counsel app
An unregistered agreement cannot support a claim for possession under Section 53A of the Transfer of Property Act, requiring a registered document for legal recognition.
Part-performance – Protection of a prospective purchaser/transferee of his possession of property involved, is conditionally available.
An unregistered possessory agreement does not confer rights to the property and cannot be enforced for possession under Section 53-A of the Transfer of Property Act.
(1) Part Performance – To claim benefit under Section 53-A of Transfer of Property Act, 1882 there shall be necessary pleadings – In absence of necessary pleadings, benefit under the provision cannot....
Unregistered GPAs and affidavits do not confer ownership or possessory rights in immovable property, and mere injunction is not maintainable when title is clouded by a prior registered sale deed.
In property disputes, a registered title supersedes unperformed agreements, protecting the rights of bona fide purchasers against prior contracts.
A party must demonstrate readiness and willingness to perform contractual obligations to invoke protections under Section 53-A of the Transfer of Property Act.
(1) Mere sale agreement does not create any right or interest in property.(2) Right and remedy for enforcement are mutually exclusive jurisprudential concepts.(3) A person who invokes protection of S....
Suit filed simpliciter for injunction where claim is founded purely to claim protection under Section 53-A of Transfer of Property Act is not maintainable. Such a suitor is not entitled to claim reli....
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