The central legal point established in the judgment is that in order to avail the benefit of Section 53-A of the Transfer of Property Act, the transferee must demonstrate readiness and willingness to perform their part of the contract.

This appeal is filed by the plaintiff who has died during the pendency of the appeal and his legal representatives have been substituted. A bench of this Court had admitted the appeal on the following substantial question of law: “Whether the Courts below are right in holding that the defendants can retain their possession in view of Section 53-A of Transfer of Property Act, 1882.

2. The facts giving rise to filing of the appeal, briefly stated, are that the original plaintiff filed a suit inter alia on the ground that the defendant Nos. 1 and 2 are money lenders. The original plaintiff was in need of money, and therefore, from time to time he took loan from defendant Nos. 1 and 2. As a security for loan documents dated 12-07-1979, 29-06-1982 and 20-01-1983 (Exhibit D/1 to D/3) were executed in respect of the land admeasuring 4.5 acres and the possession of the land in question was handed over to the defendants. The original plaintiff from time to time made payment to the defendants on account of the loan taken by him. It is the case of the plaintiff that though he had repaid the entire amount of loan, yet the possession of the suit land was not handed over to him. Accordingly, the plaintiff filed a suit seeking relief of possession.

3. The defendant Nos. 1 and 2 filed a written statement in which inter alia it was pleaded that they are not money lenders. The defendants had entered into an agreement for sale with the plaintiff and on receipt of part of the sale consideration, possession of the land in question was handed over to the defendants. It was further pleaded that defendants are ready and willing to perform their part of contract and therefore, entitled to benefit of Section 53-A of Transfer of Property Act, 1882 (hereinafter referred to as the Act).

4. The trial Court vide judgment and decree dated 31-07-1991 inter alia held that the documents Exhibits D/1 to D/3 were not executed by way of security for loan and the plaintiff is not entitled to seek possession of the land in question, as the defendants in pursuance of the agreement Exhibit D/1 to Exhibit D/3 are in possession of the suit lands. Accordingly, the suit filed by the plaintiff is dismissed. The aforesaid decree has been affirmed in appeal by the lower appellate Court.

5. Learned counsel for the appellants submitted that the Courts below committed error of law in holding that the defendants are entitled to protect their possession under Section 53-A of the Act but it ought to have appreciated that protection under Section 53-A of the act can be availed only by a party who is ready and willing to perform his part of contract. In support of his submissions, learned counsel for the appellants has placed reliance on the decision of the Supreme Court in the cases of Mohanlal (deceased) through his LR Kachru and others v. Mira Abdul Gaffar and another, AIR 1996 SC 910,Roop Singh v. Ram Singh, 2000(3) MPHT 18 : (AIR 2000 SC 1485) and Subhash Chandra and others v. Manjula and another, 2004(2) MPLJ 557 : (AIR 2005 MP 72). On the other hand, learned counsel for the respondents submitted that the defendants out of the total sale consideration of Rs. 10,000/- had already paid a sum of Rs. 6900/- and are ready and willing to pay the remaining sale consideration. It is also urged that both the Courts below have recorded a concurrent findings of fact against the appellants which do not call for any interference by this Court in exercise of powers under Section 100 of Code of Civil Procedure.

6. I have considered the submissions made by learned counsel for the parties and have perused the record. The sole question which arises for consideration in the instant appeal is whether the defendants are entitled to retain their possession under Section 53-A of the Act. The relevant extract of Section 53-A of the Act reads as under :-

“53A. Part performance : Where any person contracts or transfer for consideration any immovable property by writing signed by him or on his behal