(A) Transfer of Property Act, 1882 Section—53-A—Suit for possession—Agreement to sell—Part performance—Defendant successfully established the execution of the written agreement to sell by examining the scribe and attesting witness—Entire consideration paid—Trial Court erred in refusing protection solely because the remedy of specific performance had become barred by limitation, as limitation extinguishes only the remedy and not the statutory defence under Section 53-A.—Held—The plaintiff, though continuing to be the owner, was consequently precluded from recovering possession from the defendant—Ingredients of Section 53-A held satisfied where written agreement acknowledged existing possession, consideration stood paid and transferee established readiness and willingness—Judgment of the First Appellate Court affirmed and the second appeal dismissed. (Paras 16,22,25&27)
(B) Limitation Act, 1963 Article—54 read with Section—53-A— of Transfer of property Act, 1882—Defence under Section-53-A—Held—Limitation barring suit for specific performance held not to bar statutory defence under Section-53-A—Transferor-owner not entitled to recover possession from transferee in protected possession—Limitation bars only the remedy and not the defence. (Paras 28&29)