Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 53-A---Doctrine of part performance---Applicability---Doctrine of part performance as developed by equity Courts in England, having been given statutory recognition by means of enacting S. 53-A, such doctrine had become applicable to the whole of Sub-continent---Principle of part performance being based upon golden rules of fairness, justness end righteous dealing between the parties, was applicable to even those areas of Punjab where Transfer of Property Act, 1882 had not been enforced. (b) Transfer of Property Act (IV of 1882)-- ----S. 53-A---Part performance doctrine of---Applicability---Essentials---In order to avail plea of part performance embodied in S. 53-A one had to show that contract was in writing signed by transferor in respect of an. immovable property; transfer could be ascertained with reasonable certainty from such writing and in part performance of contract, transferee had taken possession of property or any part thereof or if he was in possession, he continued to be in possession in part performance of contract and had done some act in furtherance of contract and transferee had performed or was willing to perform his part of contract. (c) Transfer of Property Act (IV of 1882)- ----Ss. 53-A & 54---Limitation Act (IX of 1908), Art. 113---Doctrine of part performance---Nature and limitation---Plea of part performance was available to plaintiff as well as defendant as a shield to protect and maintain possession against transferor or any person claiming under him---Doctrine of part performance, was neither subject to limitation as prescribed under Art. 113, Limitation Act, 1908 nor was circumscribed by S. 54 of Transfer of Property Act, 1882---If vendee had obtained possession of property in dispute under agreement of sale, had paid considerable amount to vendor and was willing to pay remaining price to vendor, vendee in circumstances, was entitled to protect and maintain his possession of property in dispute which he had obtained under agreement of sale by performing an act of part performance. Abdul Ghani Khan v. Dino Bandhu Adhikari and another PLD 1963 Dacca 777; Naib-Subedar Taj Muhammad…

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