Person seeking part performance has to plead and prove his part of performance – HP High Court

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Transfer of Property Act 1882, – Section 53-Apart performancepleading and proofframing of issuepre-requisites – person seeking protection of doctrine of part performance as enunciated in Section 53-A of the Transfer of Property Act has thus to plead and prove inter alia that he has in part performance of the contract taken possession of the property or any part thereof and in case he was already in possession, he continues to be in such possession in part performance of the contract and has done some act in furtherance of the contract. In addition he has also to allege and prove that he has performed or is willing to perform his part of contract – there is nothing on record to suggest that even though the defendants are in possession of the suit land and had done some act in furtherance of the contract or that the defendants had performed or were willing to perform their part of the contract.

Jeet Ram Vs Kanshi Ram RSA No. 447/2000 decided on 13.08.2019

Coram: Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge

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TRANSFER OF PROPERTY ACT 1882

53-A. Part performance. 

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

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