A contract for the sale of land has been entered into between A and B. The transferee has paid the price entering into possession and is willing to carry out his contractual obligations. As registration has not been effe
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2018
A contract for the sale of land has been entered into between A and B. The transferee has paid the price entering into possession and is willing to carry out his contractual obligations. As registration has not been effected, A the transferor, seeks to evict B from the land. Can he do so? Explain.
Answer & Explanation:
No, A cannot evict B from the land. B will not suffer simply because the formality of registration has not been completed. The legislature grants some relief to such a transferee under Section 53A of the Transfer of Property Act, 1882, which embodies the doctrine of part-performance. The essential conditions for the operation of the doctrine of part-performance according to Section 53A are: 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. If all the above mentioned conditions are satisfied, then the transferor and the persons claiming under him are debarred from 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. In the given case, B has paid the price, entered into possession, and is willing to carry out his contractual obligations. These facts satisfy the conditions for the doctrine of part-performance. Therefore, A, the transferor, cannot evict B from the land.
Topics: Transfer of Property Act, 1882
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