Important Legal Definitions

An equitable statutory doctrine protecting a transferee who has, in part performance of an unregistered contract to transfer immovable property, taken or continued in possession and performed their part, preventing the transferor from enforcing any right against the property.

In Shrimant Shamrao Suryavanshi v. Pralhad Bhairoba Suryavanshi, the Supreme Court held that a defendant in possession under a written agreement to sell who has performed their financial obligations can use Section 53A as an equitable shield to resist an eviction suit, even if the limitation to seek specific performance has expired.