deft who is not party to contract can not take advantage of benefit of s53 Transfer of property
The learned Civil Judge, who tried the suit, upon consideration of the evidence on record, came to the conclusion that a mere contract of sale is incapable of creating any right or title in favour of the transferee. Therefore, according to him, no right or interest was created in favour of Pishorilal by virtue of theagreement of sale dated 16-6-1961. The learned Civil Judge held that the plaintiff's title to the suit land was subsisting and that the suit was filed within the period of limitation with the result that there was no question of any extinguishment of the plaintiff's title. The learned Civil Judge further pointed out that it was highly improbable that the defendant had no knowledge about the pendency of the suit between the plaintiff and his brother and Pishorilal. He held that the defendant had failed to exercise proper care before entering into anagreement of sale with Pishorilal. The learned Judge further held that it was not open to the defendant to take defence under section 53-A of the Transfer of Property Act. In this view of the matter, the learned Judge proceeded to pass a decree of possession in favour of the plaintiff.
https://www.lawweb.in/2012/11/deft-who-is-not-party-to-contract-can.html
