In Brief
A widow purchased a property through a registered sale deed in 1982 from its owners for Rs. 35,000. The original property owner had earlier entered into an agreement for sale with another person (Venugopal) in 1975, who occupied the property and paid a portion of the sale price. When Venugopal refused to acknowledge the widow as landlord or pay enhanced rent, she sought his eviction and a declaration of her title. Venugopal claimed protection under Section 53A of the Transfer of Property Act based on part performance of his 1975 agreement. The Supreme Court held that while Section 53A can protect a person in possession under a contract, it requires proof of constant readiness and willingness to perform the contract. Since Venugopal never sued for specific performance and provided inadequate evidence of his willingness, and since the widow was a bona fide purchaser without notice of the earlier agreement, she was entitled to her declaration of title and possession.
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