According to section 53A where a person contracts to consideration any immovable property by writing signed by him on his behalf from which the terms are necessary to constitute the transfer can be ascertained with reasonable certainty.
ESSENTIALS OF PART PERFORMANCE
There must be a transfer of immovable property
The contract must be in writing
The transferor has taken possession of the property part performed of the contract or if he has already taken the possession should have continued in possession
ILLUSTRATION
A contract with B to sell his plot for an amount of money A accepts the advance from B from the sale of property and hands over the possession of the property to B. After some time B is ready to pay the remaining sale amount but A refuses to accept the same further A ask B to hand over the plot back to him
Here B has ready to perform the part of the property but A is not .In such a case B can bring a suit requiring the part performance.
AMENDMENT 2001
There has been an amendment regarding section 53 A the words of the contract required to be registered has now been omitted.
This means that the non-registration of the contract is transferred for consideration is not the only relevant factor for the application of part performance.
