Registered Sale Deed Prevails Over Unverified GPA and Possession in Establishing Ownership for Eviction Decrees

The Respondent (Plaintiff) filed a suit for possession, recovery of rent, and mesne profits, claiming ownership of property No. 267, Bagh Kare Khan, Delhi, via a registered Sale Deed dated 01.02.2022

She alleged the Appellant (Defendant) was a tenant initially under the erstwhile owners and subsequently under her, but failed to pay rent

The Appellant contested the suit, denying the landlord-tenant relationship and asserting absolute ownership since 1980, claiming his father purchased the property from the original owner, Sh. Bishamber Dayal, via unregistered documents (GPA, Agreement to Sell, etc.)

The District Judge decreed the suit in favor of the Respondent on 28.01.2025

The Appellant challenged this decree, invoking protection under Section 53A of the Transfer of Property Act

1. Whether the Respondent established ownership of the suit property and a landlord-tenant relationship with the Appellant.

2. Whether the Appellant proved ownership or is entitled to protection under Section 53A of the Transfer of Property Act, 1882.

3. Whether the Respondent is entitled to a decree of possession and mesne profits.

The court applied Section 96 and Order XLI of the Code of Civil Procedure, 1908, regarding the powers of the Appellate Court

The court relied on the evidentiary value of a registered Sale Deed under the Registration Act, 1908, to establish title

The court examined Section 53A of the Transfer of Property Act, 1882, noting that protection for a transferee in part-performance requires proof of a valid contract and and effective delivery of possession, as interpreted in Giriyappa v. Kamalamma

the court applied the law of evidence regarding the burden of proving signatures on private documents and the effect of admissions of prior tenancy

The Court found that the Respondent proved her title through a registered Sale Deed and subsequent mutation records

Conversely, the Appellant failed to prove his ownership claims; his witnesses retracted statements or admitted that the purported 1980 sale documents were not signed in their presence

The Appellant’s claim of ownership was further undermined by his own admission during cross-examination that his father paid rent to the original owner and his sister's admission of their status as tenants until 1980

Since the Appellant failed to prove the authenticity of the signatures of Sh. Bishamber Dayal on the GPA/Agreement to Sell, the court held these documents did not create any title

Regarding Section 53A of the TPA, the court found it inapplicable as the Appellant failed to establish a valid, proved contract of sale

Consequently, the court affirmed the existence of a landlord-tenant relationship where the rent exceeded the protection of rent control laws

It held that the Respondent successfully proved (i) the landlord-tenant relationship, (ii) a monthly rent of Rs. 5,000, and (iii) valid termination of tenancy via legal notice

The Court affirmed the decree for possession and the award of mesne profits at the rate of Rs. 5,000 per month effective from 01.02.2022 until the date of vacation