Recently, the Kerala High Court had ruled that Section 53A of the Transfer of Property Act, 1882 was not applicable in the matters of an agreement for sale which is deemed void in nature. It was also observed that Section 53A of the Transfer of Property Act was applicable only in the cases where the contract for transfer was valid in all respects. It had to be an agreement enforceable by law according to the Indian Contract Act, 1872.
With regards to elaboration on the submission, the appellant had urged that she was to be entitled to protect her own possessions according to Section 53A of the Transfer of Property Act of 1882. The respective Government Pleader for Revenue was of the opinion that once the Government land was characterised and called an assigned land, the same did continue further and remained as an assigned land.
It was submitted that even the appellants who had supposedly come into possession of the property on the basis of an agreement for sale were bound by the very provisions that were contemplated under the Kerala Government’s Land Assignment Act of 1960.