Section 53A:
Part performance.
1[53A. Part performance.-- Where any person contracts to transfer for consideration any
immoveable 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 2***, or, 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.]
Notes:
1. Ins. by Act 20 of 1929, s. 16.
1. The words "the contract though required to be registered, has not been registered, or" omitted by Act 48 of 2001, s. 10
(w.e.f. 24-9-2001).