A contract for the sale of land has been entered into between Vishal and Akash. Akash, the transferee, has paid the price entering into possession and is willing to carry out his contractual obligations. As registration

Followings are the essential conditions for the operation of the doctrine of part-performance according to Section 53A of the Transfer of Property Act. There must be a contract to transfer immoveable property. It must be for consideration. The contract should be in writing and signed by the transferor himself or on his behalf. The terms necessary to constitute the transfer must be ascertainable with reasonable certainty from the contract itself. The transferee should have taken the possession of the property in part performance of the contract. In case he is already in possession, he must have continued in possession in part performance of the contract and must have done something in furtherance of the contract. The transferee must have fulfilled or be ready to fulfil his part of the obligation under the contract. If all the above mentioned conditions are satisfied, then, the transferor and the persons claiming under him are debarred form exercising any right in relation to the property other than the rights expressly provided by the terms of the contract notwithstanding the fact that the instrument of transfer has not been registered or complete in the manner prescribed therefor by the law for time being in force. It should be noted that Section 53A does not confer any positive right on the transferee. It only prohibits exercise of the right of ownership in relation to the property in order to evict the transferee from the property because legal requirements have not been satisfied. In view of the above, Vishal (transferor) cannot evict Akash (transferee) from the land. Akash will not be allowed to suffer simply because the formality of registration has not been through. The legislature grants some relief to such a transferee under Section 53A, which embodies the doctrine of part-performance.