A contract to transfer his immovable property to B by way of sale and put B in
possession of the property before a regular Sale-Deed is executed. The contract is
said to be partly performed and if later on A refuses to execute regular document of
sale and files a suit for eviction against B treating B as trespasser. Then B can resist
A’s claim on the ground that the contract of transfer in his favour has partly been
performed and that A should not be allowed to go back upon his own word.
According to section 53A, the doctrine of part-performance, also known as
"equity of part-performance," if a person has taken possession of an immovable
property on the basis of a contract of sale and has either performed or is willing
to perform his part of the contract, in furtherance of the contract, he cannot be
evicted from the property because the sale was unregistered and the legal title
has not been transferred to him. This doctrine is founded on the principle that
equity looks at what is done rather than what should have been done. This
section was inserted through amendment in the year 1929. The following are the
essential elements of
1. There must be a contract to transfer for consideration any
immovable property.
2. The contract must be in writing signed by the transferor, or by
someone on his behalf.
3. The writing must be in such words from which the terms necessary
to construe the transfer can be ascertained.
4. The transferee must in part performance of the contract take
possession of the property, or, of any part thereof.
5. The transferee must have done some act in furtherance of the
contract.
6. The transferee must have performed or be willing to perform his part
of the contract.
The Exception to Doctrine of Part
Performance
The proviso to Section 53-A of,Transfer of Property Act,includes an
exception in favour of a transferee for consideration who has no
knowledge of the contract or its part performance. This implies that a
transferee who acquires the property for consideration without any
knowledge of the contract or its execution is not affected by this rule.
Any rights the transferee may have against the transferor under this
section would not be enforceable against a bona fide transferee for value
who has no knowledge of the previous transaction.
