the doctrine of Part-performance
DOCTRINE OF PART- PERFORMANCE
AYUSHI AGRAWAL
Aims and Objectives
The aim of the project is to present a detailed study on the topic of ‘Doctrine of Part- Performance’ under the Transfer of Property Act, 1882.
Sources of Data
The following secondary sources of data have been used in the project-
1. Articles
2. Books
3. Websites
Research Methodology
The research work of this project is based on doctrinal method.
Introduction
Property is one of the most fundamental elements of the socio-economic life of an individual. Juridically, property can be said to be a bundle of rights in a thing or a land. However, the word has gradually been given a wider meaning. Economic significance of the property, therefore, rests more on its dispositions. Property law has therefore become an important branch of civil law. The Transfer of Property Act, 1882 deals with the transfer of immoveable property inter-vivos (although some provisions deal with the transfer of moveable as well as immovable property).
Before this enactment, the transfers of immovable property were mostly governed by English equitable principles as applies by Anglo-Indian Courts. The “doctrine of part-performance” is one of the equitable doctrines applied by these Courts.
Doctrine of part performance
Doctrine of part performance is an equitable doctrine. It is also known as “equity of part-performance”. In law of contracts (for e.g., a contract for sale), no rights pass to another till the sale is complete. But if a person after entering into a contract performs his part or does any act in furtherance of the contract, he is entitled to reimbursement or performance in case the other party drags its feet. This doctrine is based on this part performance of contract. If a person has taken possession of an immovable property on the basis of contract of sale and has either performed or, is willing to perform his part of contract then, he would not be ejected from the property on the
AYUSHI AGRAWAL
Aims and Objectives
The aim of the project is to present a detailed study on the topic of ‘Doctrine of Part- Performance’ under the Transfer of Property Act, 1882.
Sources of Data
The following secondary sources of data have been used in the project-
1. Articles
2. Books
3. Websites
Research Methodology
The research work of this project is based on doctrinal method.
Introduction
Property is one of the most fundamental elements of the socio-economic life of an individual. Juridically, property can be said to be a bundle of rights in a thing or a land. However, the word has gradually been given a wider meaning. Economic significance of the property, therefore, rests more on its dispositions. Property law has therefore become an important branch of civil law. The Transfer of Property Act, 1882 deals with the transfer of immoveable property inter-vivos (although some provisions deal with the transfer of moveable as well as immovable property).
Before this enactment, the transfers of immovable property were mostly governed by English equitable principles as applies by Anglo-Indian Courts. The “doctrine of part-performance” is one of the equitable doctrines applied by these Courts.
Doctrine of part performance
Doctrine of part performance is an equitable doctrine. It is also known as “equity of part-performance”. In law of contracts (for e.g., a contract for sale), no rights pass to another till the sale is complete. But if a person after entering into a contract performs his part or does any act in furtherance of the contract, he is entitled to reimbursement or performance in case the other party drags its feet. This doctrine is based on this part performance of contract. If a person has taken possession of an immovable property on the basis of contract of sale and has either performed or, is willing to perform his part of contract then, he would not be ejected from the property on the
Bibliography: 2. Singh Avtar, The Transfer of Property Act, Universal Law Publishing Co. Pvt. Ltd., Delhi, 2005 3 6. Amrao v. Baburao, (1950) ILR Nag 25 7 28. Mahomed Musa v. Aghore Kumar Ganguli, (1914) ILR 42 Cal 801 29 38. Radha Charan Das v. Pranbati Dassi, (1959) 63 Cal WN 535. 39 41. Ram Kumar Agarwal v. Thawar Das (1999) 7 SCC 303 42 53. Shukla Malhotra v. Vyasa Bank Ltd., (1998) 45 DRJ 504. 54