Ram, the owner of a land, entered into a contract for sale with Shyam. Shyam has paid the price and took the possession and is willing to carry out his contractual obligations. As registration has not been effected. Ram,

No, the transferor of the land i.e. Ram cannot evict Shyam from the land. Shyam 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 of Transfer of Property Act, which embodies the doctrine of part-performance. Followings are the essential conditions for the operation of the doctrine of part-performance according to Section 53A. 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 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. (Delhi Motor Co. v. Basurkas, (1968) SCR 720).