Shaik Fakruddin vs Mrs. Beena Agarwal on 28 July, 2026

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    Telangana High Court

    Shaik Fakruddin vs Mrs. Beena Agarwal on 28 July, 2026

    Author: P.Sam Koshy

    Bench: P.Sam Koshy

          IN THE HIGH COURT FOR THE STATE OF TELANGANA
                         AT HYDERABAD
    
             THE HONOURABLE SRI JUSTICE P.SAM KOSHY
    
               CIVIL REVISION PETITON No.1726 of 2026
    
                             DATE: 28.07.2026
    
    Between:
    Shaik Fakruddin, S/o. Shaik Yaqub.
    
                                                              ...Petitioner
                                     AND
    
    Mrs. Beena Agarwal, W/o. Bajranglal Agarwal.
    
                                                            ...Respondent
    
    
    ORDER:

    Heard Mr. Sunil B. Ganu, learned Senior Counsel representing

    Mr. Ashish Kale, learned counsel for the petitioner; and Mr. R.A.

    SPONSORED

    Achutanand, learned counsel for respondent.

    2. The instant Civil Revision Petition under Article 227 of the

    Constitution of India has been filed by the petitioner assailing the

    order dated 16.06.2026, in E.A.No.197 of 2019 in E.P. No. 5 of 2015,

    passed by the III Additional Chief Judge, City Civil Court, Hyderabad.

    3. Vide the impugned order, the Court below has dismissed the

    aforesaid E.A.No.197 of 2019 filed by the petitioner herein under
    Page 2 of 11

    Order XXI Rule 29 read with Rule 26 of the C.P.C. and directed the

    petitioner to vacate the suit schedule premises within a period of two

    months from the date of the judgment.

    4. It is the case of the petitioner are that the respondent herein

    had instituted O.S.No.81 of 2010 against the petitioner seeking his

    eviction from the suit schedule property under Section 106 of the

    Transfer of Property Act, 1882 (for short, ‘the Act’) on the basis of the

    landlord-tenant relationship subsisting between the parties. The said

    suit came to be decreed by the Trial Court vide judgment and decree

    dated 31.12.2014. The petitioner, aggrieved thereby, carried the

    matter in appeal before this Court in City Civil Court Appeal No.56 of

    2015, which came to be dismissed vide judgment dated 26.04.2018,

    thereby attaining finality to the decree of eviction.

    5. It is the further case of the petitioner that during the pendency

    of the said appeal, the petitioner and the respondent entered into a

    Memorandum of Understanding (for short ‘MoU’) dated 03.12.2017,

    whereunder the petitioner agreed to pay Rs.28,50,000/- towards

    arrears of rent in full and final satisfaction of the claim for recovery of

    arrears and to hand over the keys of the subject flat to the respondent

    upon such payment. In or around December, 2018 the respondent
    Page 3 of 11

    offered to sell the very same suit schedule property to the petitioner

    for a total sale consideration of Rs.1,04,50,000/- and that in

    furtherance thereof, the petitioner paid a total sum of Rs.94,50,000/-

    to the respondent, of which Rs.28,50,000/- payable under the earlier

    MoU was adjusted, and the balance of Rs.66,00,000/- was paid

    towards advance sale consideration as on 26.01.2019, evidenced by a

    receipt / acknowledgment executed by the respondent’s husband on

    the said date. A further sum of Rs.5,00,000/- was, according to the

    petitioner, paid to the respondent’s son at her instance, to be adjusted

    towards part sale consideration, thereby taking the total payments to

    Rs.71,00,000/- as on March, 2019.

    6. It is the petitioner’s grievance that having received the aforesaid

    amounts, the respondent, after the demise of her husband resiled

    from the alleged agreement to sell and commenced demanding

    amounts in excess of what was agreed. This led the petitioner to

    institute O.S.No.852 of 2019 before this Court, seeking specific

    performance of the alleged oral agreement of sale dated 26.01.2019,

    which is stated to be pending adjudication.

    7. On this basis, the petitioner contended before the Court below

    that his possession over the suit schedule property was no longer that
    Page 4 of 11

    of a tenant or judgment-debtor, but that of an agreement-holder

    entitled to protection under Section 53A of the Transfer of Property

    Act, 1882 and accordingly sought stay of the execution proceedings in

    E.P.No.5 of 2015 pending disposal of O.S.No.852 of 2019, by way of

    E.A.No.197 of 2019 under Order XXI Rule 29 read with Rule 26 of

    C.P.C. The said application came to be dismissed by the Court below

    vide the impugned order dated 16.06.2026, giving rise to the instant

    Civil Revision Petition.

    8. Learned Senior Counsel for the petitioner assailed the impugned

    order primarily on two grounds, firstly, that the Court below erred in

    failing to appreciate that the oral agreement of sale, being a

    subsequent event arising after institution of E.P.No.5 of 2015, ought to

    have been taken into account instead of being brushed aside on a

    hair-splitting technicality; and secondly, that the findings recorded in

    the impugned order are erroneous inasmuch as the Court below lost

    sight of the fact that the parties, subsequent to the decree in

    O.S.No.81 of 2010, had entered into a fresh oral arrangement for sale

    of the very same property, non-compliance of which by the

    respondent compelled the petitioner to institute O.S.No.852 of 2019,

    and that pendency of the said suit warranted stay of the execution

    proceedings.

    Page 5 of 11

    9. Learned Senior Counsel for the petitioner, in support of his

    contentions, relied upon the following decisions:

    a) Dadat and Co. Bombay vs. East India Trading Co. 1

    b) M. Venkataramana Hebbar (Dead) by LRs. vs. M.
    Rajagopal Hebbar and Others 2

    10. Per contra, learned counsel for the respondent contended that

    on a perusal of the records, it is seen that the decree of eviction

    passed in O.S.No.81 of 2010 attained finality upon dismissal of City

    Civil Court Appeal No.56 of 2015 as far back as 26.04.2018, and that

    the alleged agreement to sell the suit schedule property is said to

    have been entered into in December, 2018 and culminating in the

    receipt dated 26.01.2019, is admittedly oral, unregistered, and has,

    till date, not fructified into a registered sale deed despite the

    petitioner claiming to have paid a substantial part of the sale

    consideration as far back as March, 2019, a period of over seven years

    prior to the impugned order.

    11. Learned counsel for the respondent, in support of his

    contentions, relied upon the following decisions:

    a) M. S. Ananthamurthy & Anr. vs. J. Manjula Etc. 3

    1
    1963 SCC OnLine SC 9
    2
    (2007) 6 Supreme Court Cases 401
    3
    2025 INSC 273
    Page 6 of 11

    b) Balammal & Others vs. Muthiar Begum & Another 4

    c) Naresh Kumar Jain & Ors. vs. Rishab Sharma 5

    d) Smt. Sundra Bai and Others vs. Smt. Sonubai 6

    e) Subhas Kumar Singh and Others vs. Sheo Balak Singh
    and Others
    7

    f) Quazi Toufiqur Rahman vs. Mst. Nurbanu Bibi 8

    12. Having heard the contentions put forth on either side and on

    perusal of records, the question that falls for consideration is ‘whether

    an unregistered oral agreement of sale, said to have been entered into

    subsequent to a decree of eviction that has attained finality, and part-

    performance whereof is claimed on the strength of receipts of

    payment, entitles the judgment-debtor to a stay of execution

    proceedings under Order XXI Rule 29 of C.P.C. on the plea of

    protection under Section 53A of the Act?’

    13. It would be relevant at this juncture to take note of Section 53A

    of the Act, which for ready is reproduced hereunder, viz.,

    “53A. Part performance.–

    Where any person contracts to transfer for consideration any
    immoveable property by writing signed by him or on his behalf from

    4
    C.R.P.(NDP)No.3287 of 2012 and M.P.No.1 of 2012,
    decided on 22.11.2012, by the Madras High Court
    5
    CM (M) 2442/2025 & Batch, decided on 18.11.2025
    by the Delhi High Court
    6
    2004 (AIR) KAR 336
    7
    1975 SCC OnLine Pat 89
    8
    1975 SCC OnLine Gau 20
    Page 7 of 11

    which the terms necessary to constitute the transfer can be
    ascertained with reasonable certainty,
    and the transferee has, in part performance of the contract, taken
    possession of the property or any part thereof, or the transferee,
    being already in possession, continues in possession in part
    performance of the contract and has done some act in furtherance
    of the contract,
    and the transferee has performed or is willing to perform his part of
    the contract,
    then, notwithstanding that where there is an instrument of transfer,
    that the transfer has not been completed in the manner prescribed
    therefor by the law for the time being in force, the transferor or any
    person claiming under him shall be debarred from enforcing against
    the transferee and persons claiming under him any right in respect
    of the property of which the transferee has taken or continued in
    possession, other than a right expressly provided by the terms of
    the contract:

    Provided that nothing in this section shall affect the rights of a
    transferee for consideration who has no notice of the contract or of
    the part performance thereof.”

    A bare perusal of the aforesaid provision makes it amply clear

    that the contract for transfer of immovable property should be in

    writing, signed by the transferor or on his behalf, and that the

    transferee has, in part-performance thereof, taken possession or

    continued in possession and has done some act in furtherance of the

    contract. An oral agreement, howsoever it may be sought to be

    evidenced through subsequent receipts, part-payments, or conduct of

    the parties, does not satisfy the foundational requirement of Section
    Page 8 of 11

    53A of the Act, which is a written and signed contract. The petitioner’s

    reliance on Section 53A of the Act is therefore misconceived at the

    very threshold.

    14. At the outset, what also needs to be appreciated is that the

    decree of eviction dated 31.12.2014 has not merely attained finality

    before this Court in City Civil Court Appeal No.56 of 2015, but has

    been taken up to, and dismissed by the Hon’ble Supreme Court in a

    Special Leave Petition. Therefore, there is no residual doubt or dispute

    as to the decree holder’s entitlement to execute the decree. What

    stands in the way, according to the petitioner, is a wholly subsequent

    and disputed transaction.

    15. Quite apart from this, the possession that the petitioner is

    admittedly seeking to protect is possession that has already been

    adjudicated upon and concluded against him as a tenant liable to be

    evicted under Section 106 of the Act by a decree that has attained

    finality up to this Court. It is not open to a judgment-debtor to seek to

    unsettle a final decree of eviction by setting up years after the decree

    attained finality, an oral arrangement said to have been arrived at for

    the very same property, and thereafter institute a fresh suit for

    specific performance as a device to indefinitely forestall execution. If
    Page 9 of 11

    the petitioner was indeed put in possession of monies paid towards

    sale consideration to the extent claimed, a substantial sum of over

    Rs.71,00,000/- as far back as March, 2019 the prudent and legally

    sanctioned course open to him was to have had the sale deed

    registered, or at the least, to have secured a written and registered

    agreement of sale safeguarding his interest. Having chosen instead to

    proceed on the strength of a MoU and subsequent oral arrangements

    and informal receipts, the petitioner cannot now complain that the

    fruits of a validly obtained decree should be kept in abeyance on the

    basis of such an inchoate and unregistered claim.

    16. What weighs further in the mind of this Court is the timeline.

    The decree holder obtained her decree in 2014 after contesting the

    suit for four years since 2010; the decree was confirmed by this Court

    in 2018 and by the Hon’ble Supreme Court thereafter; and even so,

    despite the E.P. having been filed in the year 2015, the decree

    remains unexecuted after more than a decade, with the decree holder

    yet to enjoy the fruits of a decree that has stood the test of every

    appellate and revisional forum available in law. To permit the

    execution to be stayed indefinitely at this stage, on the strength of a

    disputed oral transaction raised for the first time years after the

    decree attained finality, would reduce the decree holder’s hard-won
    Page 10 of 11

    decree to a mockery of justice. This Court cannot help but observe

    that the petitioner’s conduct invoking a settlement to close one E.P. in

    2018, only to set up an entirely new and disputed oral transaction to

    resist a second, and thereafter instituting a suit for specific

    performance years after the decree attained finality bears the

    unmistakable imprint of successive and calculated attempts to prolong

    his continuance in the suit schedule property, rather than a bona fide

    assertion of rights flowing from a genuine transaction.

    17. Further, the institution of O.S.No.852 of 2019 and the

    consequent application for stay of execution, in the considered view of

    this Court, is little more than another attempt by the petitioner to

    prolong his stay over the suit schedule property, notwithstanding a

    decree of eviction that has attained finality long back. Moreover, mere

    pendency of a subsequent suit for specific performance, founded on

    an oral and unregistered agreement, cannot by itself operate as a

    valid ground to stay execution of a decree that is otherwise

    executable, more so when the decree-holder’s right to execute has, at

    every stage, been sought to be stalled by successive rounds of

    litigation at the instance of the judgment-debtor.
    Page 11 of 11

    18. This Court, therefore, finds no infirmity in the order of the Court

    below dismissing E.A.No.197 of 2019 and as such no case is made out

    warranting interference by this Court in exercise of its supervisory

    jurisdiction under Article 227 of the Constitution of India. The question

    of law framed is accordingly answered against the petitioner.

    19. The instant Civil Revision Petition thus fails, and is accordingly,

    dismissed.

    20. As a sequel, miscellaneous petitions pending if any, shall stand

    closed. However, there shall be no order as to costs.

    _____________
    P.SAM KOSHY, J

    Date: 28.07.2026
    GSD



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