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The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer?.

Solutions for The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer?, a detailed solution for The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The question before the apex court for consideration was “whether an unregistered agreement to sell, acquired by delivery of possession or executed in favor of a person in possession, i.e. an agreement that conceive of part performance, of an agreement to sell as conceived by Section 53A of Transfer of Property Act 1882, can be received in evidence as proof of the agreement and as to whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.”The object of Section 53A of the Transfer of Property Act 1882 gives a right to the defendant to protect his possession against the transferor. It is equally available against a person who claims under him such as heirs, assigns and legal representative. This section is ordinarily to be used as a defense and not as a weapon of attack.In the case of Gurbachan Singh V. Raghubir Singh, the Hon'ble court held that agreement to sell, acquired by delivery of possession is inadmissible in evidence if it is not registered but in the matter of Birham Pal & Ors. V. Niranjan Singh & Ors., the Court held that on the basis of section 49 of the Registration Act, such an agreement can form the basis of a suit for specific performance.It has been judicially held that section 17(1A) merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882. Section 17(1A) of the Indian Registration Act, 1908, does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.Further, it is legally expounded that a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement. The proviso to Section 49 of the Registration Act, legitimizes such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.Q. Can an unregistered agreement to sell be used to file for suit of specific performance?a)Yes, as Section 17(1) A and Section 49 of the Registration Act,1908 allows an unregistered agreement to be used to file for a suit of specific performance.b)Yes, as Section 53-A of Transfer of Property Act, 1882 allows an unregistered agreement to sell to be read as an evidence of part performance.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.