TPA-Sec 53 A, Rohan v. Moolchand Bakhru , 1999 (4) Civ.C.C. 171 The case of the defendants is that they were placed into possession of the property in dispute in part performance of the agreement to sell arrived at in 1968 on payment of part of the sale consideration and as such their possession is protected under Section 53-A. Transfer of property Act.1882. Alternatively their case is that they have become the owners of the property in dispute by virtue of their continuous adverse possession since 1968. Suffice to say that since the defendants are claiming to be in possession of the property in dispute in part performance of the agreement to sell the plea of title by adverse possession is not available to them. The possession of the defendants in the present case is not unlawful. The possession of the defendants in the present case is not unlawful. They were initially placed in permissive possession of the property in dispute by the plaintiffs. Thereafter their possession was lawful under Section 53-A, Transfer of property Act, 1882. They being transferees from tenants-in-common are not liable to mesne profits.