SVKMS

NMIMS SCHOOL OF LAW

A PROJECT SUBMITTED ON;

ENTITLEMENTS TO BENEFITS IN PART PERFORMANCE
UNDER THE TRANSFER OF PROPERTY ACT, 1882

IN COMPLIANCE TO PARTIAL FULFILLMENT OF THE MARKING

SCHEME, FOR TRIMESTER VII OF 2016-2017, IN THE SUBJECT
OF PROPERTY LAW
SUBMITTED TO FACULTY:
Ms. ISHA KHURANA
FOR EVALUATION

SUBMITTED BY:
ADARSH HIMATSINGHKA (A032)
TY B.B.A L.L.B (HONS.)

TABLE OF CONTENTS

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PARTICULARS

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TABLE OF CASES

M C Verghese vs T J Ponnan, AIR 1976

Sat Pal vs. Delhi Administration, 1976
State of UP vs Nahar Singh, AIR 1998
Hari Narayan singh v/s State of West Bengal
Bhagwan Singh v/s State of Bihar (AIR 1976 SC 202)

SYNOPSIS
INTRODUCTION
The concept of part performance has been taken from English Law. This principle
though is an English doctrine, but in India it has been incorporated with some
differences. Thus, the English doctrine of Part Performance and the Indian doctrine of
Part Performance are different in some aspects. This principle was brought by the
amendment made in the Transfer of Property Act, 1882 under Section 53A

The doctrine of part performance aims to provide protection to the transferee of

immovable property on condition that there must be full satisfaction of all conditions
as laid down in section 53A of the Transfer of Property Act, 1882 and also all
conditions as required to complete sale, as per the Indian Contract Act, 1872, to
consider even unregistered sale as transfer protected from adverse action by
transferor. In fact there should be complete sale and transfer on fulfillment of all
conditions by buyer, and on his willingness to perform certain promises to be met by
him in terms of agreement. There should not be fault or even apparent intention to
default by the buyer in performance of his promises as per agreement. Section 53A is
to protect interest of property buyer who has satisfied his commitments and is willing
to satisfy his commitments then only transferor cannot go against him and take back
possession or cancel sale.
In case the buyer has made defaults, or from his conduct it appears that he will not
fulfill his promises, which are required to complete sale, then buyer may not get
protection of section 53A and the seller can cancel sale and repossess property. The
compliance of conditions, on part of the buyer is to be considered in light of the terms
and conditions agreed in the contract, and also the applicable provisions of the Indian
Contract Act. Therefore, the seller can insist on the buyer to fulfill his promises which
he is required to fulfill, in a sequential manner, if any, applicable and provided in the
contract.

RESEARCH PROBLEM
Part performance as a doctrine in the Indian context acts as a defence mechanism for
the transferee rather than something a party to contract would sue offensively for, like
other provisions but faces the problem of understanding the application of this
doctrine. This research project deals mainly with the kind of situations where in this
doctrine could be applied and the essentials for a transfer to attract the provision of
53A along with the challenges faced. The provision provides a statutory right to the
transferee against any right of the transferor to defend his possession over the

property, either taken possession or right in continuance of the possession, the scope
of which is discussed in this project.
Entitlement to the benefits of part performance under the statute rest with the
transferee provided that there has been no intention to deceive or deviate from the
terms of the contract of transfer of any immovable property and more importantly, the
transferee has fulfilled his part in the contract of transfer. This doctrine of part
performance is attracted when the transferor furthers his rights other than expressly
mentioned in the contract to defraud the other party, the other party could thereby take
resort of this principle provided the party is not at fault and have performed their part.
While understanding the concerned phrase, it is important to know the meaning of
any right, property and taken or continued in possession, which the project will
deal about. Thus, the project will deal with any right of the transferor. As to the
property, the project shall look into the meaning and scope of the word property and
what all can be included in the word property. Also, the phrase taken or continued in
possession will be dealt with in order to establish a reasonable link with the rights of
the transferor and the transferee as any right is only subject to the possession being
taken or already in possession of the transferee and no other condition.
The aim and object of the provision is to protect an innocent party against fraud, in
layman terms.
We will also look at, the unclear execution and implication of this provision, and how
it could be beneficial for the party in distress. Considering this provision has been
adopted from the English, We also need to understand how have the courts interpreted
S. 53A, and how has it been relevant in the contemporary Indian scenario.

RESEARCH QUESTIONS
What is the meaning, scope and objective of S. 53A of TPA, 1882 and words
therof mentioned under the doctrine of part performance?

What are the conditions/ circumstances for the doctrine of part performance to
come into play?

What were the challenges faced in the implementation of this doctrine of part
performance wrt laws in England and India?

How have the courts in India, interpreted the doctrines and principles of part
performance to administer justice?

What is the application of this doctrine of part performance through an

example and when would it benefit the party in question?

LIMITATION OF THE PROJECT

The project fails to conduct a primary research, thorough examination, interviews and
surveys due to lack of time. The research of the project limits to book and internet
content.