Sardar Govindrao v. Devi Sahai
Rule established
Payment of substantial consideration coupled with delivery of possession constitutes sufficient part performance to invoke S.53A
Facts
- Buyer paid a large portion of the purchase price under a written agreement
- Buyer was put in possession of the property
- Seller later refused to execute the sale deed and sought eviction
- Buyer invoked S.53A as a defense
Issue
- Whether part payment of consideration and taking possession are sufficient "acts in furtherance of the contract" to satisfy S.53A requirements.
Held
- Yes. Payment of substantial consideration and taking possession are paradigmatic acts in furtherance of the contract. They demonstrate that both parties treated the contract as operative and the buyer acted in reliance on it. S.53A protects the buyer's possession.
Ratio Decidendi
S.53A requires the transferee to have done "some act in furtherance of the contract." The most natural acts in furtherance are: paying consideration and taking possession. These acts show reliance and change of position, which is the equitable basis for protecting the transferee against the transferor's attempt to resile.
How to use it in an exam
Use when discussing what "acts in furtherance" satisfy S.53A. Key line: "Payment of substantial consideration + taking possession = sufficient part performance under S.53A."
Source
Source: Mulla TPA 13th ed.
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.