Right conferred by section 53-A of the Transfer of Property Act, 1882 is available to defend and to protect possession but does not create any title? Comment.

Following are the essential conditions for the operation of the doctrine of part-performance according to Section 53A of the Transfer of Property Act, 1882. 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 fulfill his part of the obligation under the contract. 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. However, the doctrine of part-performance will not affect the right of a subsequent transferee for consideration without notice of the earlier contract and of its being partly performed.