Mahomed Musa vs Aghore Kumar Ganguli on 25 November, 1914
3. The doctrine of part performance rests on the principle that Courts of Equity will not permit the Statute of Frauds to be made an instrument of fraud. There is no Statute of Frauds in India, but there is a Registration Act and the doubt which at one time existed on the question whether the equitable doctrine of part performance was applicable to India has now been set at rest by the decision of the Judicial Committee in the case of Mahomed Musa v. Aghore Kumar Ganguli 28 Ind. Cas. 930 : 21 C.L.J. 231 : 17 Bom.L.R. 420 : 28 M.L.J. 548 : 19 C.W.N. 250 : 13 A.L.J. 229 : 17 M.L.T. 143 : 2 L.W. 368 : 42 C. 801 : (1915) M.W.N. 621 : 42 I.A. 1 (P.C.). The Judicial Committee in the case cited thought that there was nothing in the Law of India inconsistent with the doctrine of part performance on which Courts of Equity in England have acted for many years.