SHRIMANT SHAMRAO SURYAVANSHI vs PRALHAD BHAIROBA SUYAWANSHI & LRS.

The Supreme Court addressed whether a transferee can use the doctrine of part performance under Section 53A of the Transfer of Property Act as a defense to protect possession in a suit for recovery, even if a suit for specific performance of the underlying agreement to sell is barred by limitation. The court examined the relationship between the right to seek specific performance and the right to defend possession under the statutory shield of part performance. The ruling clarifies the application of Section 53A as a shield rather than a sword in property disputes.