Section 53-A Doctrine of Part-

Performance

Submitted to : Dr. Jasdeep Kaur

Submitted by : Ms. Riya
roll no. : 2039
class : B.com
LLB 5th semester
 Section 53-A : Doctrine of part-performance

Section 53-A provides that if a person has taken the possession of immovable
property on the basis of a transfer deed for consideration where all the
formalities required by law is fulfilled and transferee is willing to perform his
part of contract , he can protect the possession of property on the basis of
said transfer deed .
This section has different applicability on the basis of the transfer deed
agreed between the parties . The section requires that if the document is
compulsorily registered , the protection of this section will be available only
when it is under this section will be available only when it is in writing
executed as well as registered .
However if the doctrine is optionally registerable the protection under this
section will be available when it is reduced into writing and is executed .
 Applicability of section before 1929
• Before this amendment , there were no enacted law in India
on this subject of part performance.
• The Anglo-Indian courts used to apply English equitable
doctrine of part performance to Indian case . But, the
application of English equity to Indian cases were neither
certain nor uniform .
• In some of the cases English law was applied ,but in some
English law was not applied . In certain other cases the English
law of equity was applied with some modifications.
• Thus, with the Amendment Act 1929 the section 53A was
inserted .
 Applicability of section after Amendment Act
1929
• The doctrine of part-performance id now an enacted
law, it is not an application of English equity in India.
• section 53A provides protection of possession where
in the document is in written form and duly
executed.
• This section does not provide for that what would be
the affect if in case the document has to be
compulsory registered but is not register .
 Applicability of section after Amendment
Act 2001
• In para fourth of section 53A of The Transfer of Property ACT, the words
“the contract thought required to be registered , has not been registered “
has now been omitted .
• the section has to be read with section 17 and section 49 of Registration
Act. In section 17 a clause is inserted 17-A , which provides that written
document of transfer of immovable property with consideration must be
registered for the purpose of this section.
• Where the document is not registered section 53 A cannot be made
applicable .
 Essential conditions for Application of section 53-A

• There is written contract to transfer an immovable property for

consideration : First essential for the application of this section there must
be a written contract of an immovable property for some value ,it must be
a valid contract i.e. enforceable by law under Indian Contract Act.
• The transferee take possession of property under this contract: The
second essential requirement is that the transferee has taken possession
or continue possession in part-performance of the contract or, has done
some act in furtherance of contract .
• The transferee has either performed his part of contract or is willing to
perform the same: The third essential is that the transferee has
performed his part or is willing to perform the same where the transferee
falsely plead that he had paid the full price , cannot said to be ‘willingly’ to
perform his part of contact.
 Nature of transferee’s right under Section
53A
• No title or interest in property : This section does not confer any interest
or title to the transferee, Except the right to continue his possession. This
section therefore imposes a statutory bar on the transferor i.e. he cannot
dispossess transferee .
• Passive equity; no right of action: section provide for merely defence .
Section does not give right of action to transferee . In India the equity of
part-performance is a passive equity: it can be used only as shield not as a
sword.
• In prabodh kumar das. V. dantamara tea co. ltd AIR 1940 PC 1. the
privy council held that in India the equity of part performance
incorporated under section 53A of Transfer of Property Act, was not an
active equity. It does not givr any right of action to the transferee who is in
possession of the property under an unregistered contract of sale.
• Transferee as plaintiff or defendant ?: different views was upheld by
different courts for deciding whether the transferee can be plaintiff or can
be defendant .

Rights of subsequent transferee for value

This provision also provide protection to the subsequent transferee for
value without notice of previous transferee’s right of part-performance.