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immovable property to be taken or retained in part performance of
1. Inserted by the Finance
Central Government Act
possession of such land or any part thereof in part performance of a contract of the nature referred ... taken or retained possession of such land or part;]
(ii) notwithstanding anything contained in clause (i), where an asset representing
Central Government Act
retain possession of any building or part thereof in part performance of a contract of the nature referred ... deemed to be the owner of that building or part thereof;
(iiib) a person who acquires any rights (excluding
Central Government Act
Transfer Of Property Act, 1882
53A. 1[ Part performance.- Where any person contracts to transfer for consideration any immoveable property ... ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property
Central Government Act
evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property
Central Government Act
Specific Relief Act, 1963
12. Specific performance of part of contract.-
(1) Except as otherwise hereinafter provided in this section ... court shall not direct the specific performance of a part of a contract.
(2) Where a party to a contract
Central Government Act
such property to be taken or retained in part performance of a contract of the nature referred to in section
Central Government Act
since he was
in possession of the property in part performance of the
contract of sale and continued ... after the date of
contract would not be in part performance of the contract,
and also the payment made
Supreme Court of India
Defence of
part performance under s. 53A-Conditions for-When defendant
is deemed to be ready and willing to perform ... respondent was entitled to rely on the doctrine
of part performance in S. 53A of the Transfer of Property
Supreme Court of India
other words,
the 1st Respondent elected not to accept part performance of
the Agreement to Sell. It is obvious that ... ground
that a party could elect to accept part performance at any
stage of the litigation. However
Supreme Court of India
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