Basic concept of "part performance" as per Section 53-A of Transfer of property Act

Section 53-A contemplates effectuating the English doctrine of what is called "part performance" under which when the possession is obtained by a transferee in part performance of the contract or when the transferee has already been put in possession prior to his performance of the other part of the contract, the possession is safeguarded under the doctrine. It envisages several conditions precedent.

The transferee has to show that he had taken or continued in possession of the property, that he was willing to perform his part of the contract and has undertaken some action in part performance of the contract. Since a transferee in possession would require essentially only to pay the balance consideration, he has to show that he has paid up the full purchase price or that he was ready and willing and able at all times to make payment of the entire purchase price.

29. This doctrine has been enunciated in the case of Nanasaheb Gujaba Bankar Vs. Appa Ganu Bankar & Ors. AIR 1957 BOMBAY 138 DB. Paragraph 6 of the Judgment sets out that the Section was inserted in 1929 in Transfer of Property Act, 1882. It required a contract to transfer, for consideration, the immovable property. In part performance of such contract the transferee should have taken possession. The consideration was paid by such transferee.

Bombay High Court

Yuvrani Hansa Devi vs Zafar Farooq Vohra & Anr on 2 August, 2011

Bench: R. S. Dalvi