Doctrine of Part-Performance (DPP) under Transfer of Property Act, 1882

Doctrine of Part-Performance (DPP) under Transfer of Property Act, 1882                                                             

• The DPP is an equitable doctrine.
• In Madison vs. Alderson (1883) the English doctrine of part-performance was illustrated in detail.
• Section 53-A incorporates the doctrine of part-performance.
• Section 53-A was included in TPA by 1929 Amendment Act.(CGJ-2003/ BJS-2009/ MPAPP-2010).
• The doctrine of Part-performance as given under Section 53-A is a statutory right and is available in defence. (UKJ-2010)
• Prabodh Kumar vs. Dantamara Tea Co. Ltd. (1940) dealing with the nature of rights of transferee under Section 53-A. (UKJ-2011)

Essentials of Section 53-A:

1. There is a written contract for transfer of immovable property.
2. Such contract must be registered (2001 Amendment)
3. The transfer must be with consideration.
4. The transferee takes possession under the contract.
5. The transferee has either performed his part of contract or is willing to perform the same.

2001 Amendment: Before 2001, Section 53-A was applicable whether the transfer is registered or not registered and the transferee could not be dispossessed. However, by 2001 Amendment (w.e.f.24.09.2001) registration of document is necessary to get the benefit u/s 53-A.

• An unequivocal act which is referable to no other contract than alleged does not constitute part performance. (MPHJS-2010)
• An act introductory to and previous to the agreement constitutes part performance. (MPHJS-2010)

Part-performance in India before 1929:

• In Mohammad Musa vs. Aghore Kr. Ganguli (1914) the Privy Council applied the doctrine of part-performance (MPAPP-2008) as was applicable in England relying upon the English doctrine of part-performance as stated in Maddison vs. Alderson (1883)
• But in Ariff vs. Jadunath (1931), and Mia Pir Bux vs. Sardar Mohhamad Tahir (1934) the Privy Council held that the doctrine is not applicable in India.

Indian vs. English Law of Part-performance—

• In India, DPP is applicable only in written contracts. While in England, the DPP is applicable to both written and oral contract.
• Under Indian law, the DPP is passive i.e. it acts like shield only. However, under English Law, it is active as well as passive i.e it can be used as a shield and also as a sword.

________________________________________________________________

Prepared by team LegalMines. Typographical error, if any, is inadvertent. The copyright as to contents and the style are with the LegalMines.