S Kaladevi v VR Somasundaram
Rule established
Possession taken in pursuance of contract is mandatory for S.53A; without possession, section has no application
Facts
- Transferee paid full consideration under written agreement
- Transferee had NOT taken possession of the property
- Transferor refused to execute sale deed; transferee invoked S.53A
Issue
- Whether a transferee who has not taken possession can invoke S.53A.
Held
- S.53A does not apply without possession. Possession taken in pursuance of the contract is a mandatory requirement. Payment alone is insufficient.
Ratio Decidendi
S.53A protects POSSESSION. If there is no possession to protect, the section has no field of operation. The transferee's remedy without possession is specific performance (offensive action), not S.53A (defensive protection).
How to use it in an exam
Cite when possession element is missing. Key line: "Without possession, S.53A has no application: it protects possession, not mere contractual rights."
Source
Source: (2010) 5 Supreme Court Cases 518
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Doctrine of Part-PerformanceS.53A: possession is mandatory