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Checking relevance for Ghanshyam VS Yogendra Rathi...
2023 4 Supreme 376 : The transfer of possession by the seller to the buyer under an agreement to sell, particularly in part performance of the contract, constitutes the seller''''s willingness to transfer ownership and results in the buyer acquiring possessory title. The seller''''s act of parting with possession in favor of the buyer under such an agreement demonstrates a clear intention to transfer the property, and the seller thereafter occupies the property only as a licensee, not as an owner. This indicates that the transfer of possession is a manifestation of the seller''''s willingness to sell, and such possession is protected under Section 53A of the Transfer of Property Act, 1882.Checking relevance for Hamzabi VS Syed Karimuddin...
2000 8 Supreme 268 : Yes, if the possession of the property has been transferred by the seller to the buyer, it constitutes evidence of the seller''''s willingness to sell the property. This is supported by the legal principle in Section 53A of the Transfer of Property Act, 1882, which states that when a transferor (seller) has allowed the transferee (buyer) to take or continue in possession of the property, and other conditions of Section 53A are fulfilled, the transferor is debarred from enforcing any right in respect of the property, except as provided in the contract. In the case described, the mortgagee/putative vendee (buyer) had taken possession and made improvements to the property, which demonstrated the seller''''s (mortgagor''''s) willingness to transfer the property, thereby extinguishing the equity of redemption and barring the seller from reclaiming possession.Checking relevance for Munishamappa VS M. Rama Reddy...
2024 1 Supreme 214 : The transfer of possession of the property by the seller is indicative of the seller''''s willingness to sell, as the court noted that the respondents (sellers) had received full consideration and had transferred possession of the property, which rendered other defences unavailable to them. This conduct supports the inference of willingness to perform the contract, particularly in the context of a suit for specific performance.Checking relevance for Prakash (Dead) By Lr. VS G. Aradhya...
2023 8 Supreme 139 : The transfer of possession of property by the seller can be indicative of the seller''''s willingness to sell, particularly when coupled with other elements such as registration of the sale deed, mutation of records in the buyer''''s name, and the buyer''''s enjoyment of the property including payment of taxes and right to transfer. In the case at hand, the court noted that the appellant was put in possession of the land, his name was mutated, and the vendee was entitled to get mutation entered in her name and enjoy the property by paying taxes, which supported the conclusion that the transaction was an absolute sale and not a mortgage. This demonstrates that possession transfer, especially when accompanied by formalities like registration and mutation, is a strong indicator of the seller''''s willingness to effect a sale.Checking relevance for Krishan Gopal VS Gurmeet Kaur (Dead) through LRs. ...
Checking relevance for P. Daivasigamani VS S. Sambandan...
Checking relevance for Ramesh Chand (D) Thr. Lrs. VS Suresh Chand...
Checking relevance for Thangammal VS Malathi...
2021 0 Supreme(Mad) 323 : The transfer of possession of the property by the seller is considered as part performance of the contract and is a relevant factor in determining the seller''''s willingness to sell. In this case, the court noted that the appellants admitted that possession of the suit property was given to the plaintiff’s husband for the interest on a loan amount availed, which supports the finding that the vendor (seller) was willing to perform the contract. The court further emphasized that the intention of the parties and their conduct, including the transfer of possession, are factors that guide the court in deciding which side equity lies, indicating that such conduct, including transfer of possession, is indicative of the seller''''s willingness to sell.