SAKETA VAKSANA LLP vs KAUKUTLA SARALA

The Supreme Court addressed the validity of an unregistered Agreement of Sale dated 17.11.2017 under the Indian Registration Act, 1908, and the implications of possession under Section 53A of the Transfer of Property Act, 1882. The Court held that the Appellant – Developer, having taken possession of the land, is entitled to seek specific performance despite the Agreement being unregistered, as it constitutes part performance under Section 53A. The interim orders of the High Court were set aside, allowing the Appellant to maintain possession of the property pending the outcome of the suit.