possession
over the suit property obtained in pursuance of a part performance on an
agreement to sell under Section 53A of the Transfer of Property ... protect their possession of the suit
property obtained in pursuance to part performance of agreement for sale
even after the suit for specific performance
money,
or of a part of it, or at least of a considerable part
of it, was such a part performance as took the case ... cases, or not in
either. One ground why part payment is not now deemed a
part performance, sufficient to take a case
consideration and
was put in possession of the land in part performance of the
agreement of sale. That Pishorrilal executed an agreement of sale ... possession of the suit land by Pishorrilal in part performance of the
agreement dated 1.9.1961. It was contended that since he was in
possession
Property Act 4 of 1882, ss. 4 and 53A-Defence of
part performance under s. 53A -Conditions for-When defendant
is deemed to be ready ... property or any part thereof, or the
transferee, being already in possession
continues in possession in part performance of
the
contract;
(3) that the transferee
part of the property or
if already in possession continues in
possession;
(7) such taking of or continuance in
possession should be in part
performance ... willing to perform, his part of the
contract.
27. The rationale of the equitable doctrine of
part performance in English Law has been
20
traced
possession of any
immovable property to be taken or retained in part performance of contract
of the nature referred to in Section ... 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
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 ... willing to perform his part of
the contract, and (iii) that the plea of part performance is not available
to be raised against a transferee
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 ... property or any part thereof, or the
transferee, being already in possession
continues in possession in part performance
of the contract;
(3) that the transferee
Transfer of Property Act which incorporated
the English equitable doctrine of part performance can, if
the terms thereof are satisfied, be relied upon to protect ... appellant who sought to protect its possession.
The equitable doctrine of part performance can be used as a
shield and not as a sword
part of the appellant even to suggest that she was put in possession of the property as a part performance of the agreement of sale ... 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
