AIR 2012 KERALA 87 ::2012 (1) Ker LT 555 ::2012 (1) Ker LJ 499 ::(2012) 113 AllIndCas 568 (KER) ::2012 (113) AllIndCas 568

Kerala High Court

Hon'ble Judge(s): K. T. Sankaran , J

Transfer of Property Act (4 of 1882) , S.55(6)(b)— Buyer's charge - Is statutory charge as distinguished from contractual charge - Charge comes into force the moment buyer pays purchase money or any part thereof - Subsequent compromise entered into between seller and buyer and that too at time when seller had lost title - Would not efface statutory charge available to buyer under S. 55(6)(b). The statutory charge under Section 55 (6)(b) of the Transfer of Property Act would never be lost to the vendor even though he has not filed a suit for specific performance on the basis of the agreement for sale. For the purchase price paid by him, he is entitled to a charge over the property. The legal requirement is that he has not imporperly declined to accept delivery of the property. There is no case for the revision petitioner or her father that the buyer ever imporperly declined to accept delivery of the property. The principle underlying Section 55(6)(b) of the Transfer of Property Act is a principle of justice, equity and good conscience. The buyer's charge under Section 55(6)(b) is a statutory charge as distinguished from a contractual charge. The charge comes into force the moment the buyer pays the purchase money or any part thereof. The charge would be lost only if the buyer commits default. The subsequent compromise entered into between the seller and the b....