NOTES ON PART PERFORMANCE(S 53A OF TRANSFER OF PROPERTY ACT)
Requisite of this doctrine:-
1) There should be a contract to transfer for consideration,any immovable property by a writing signed by transferor or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty.
The Orissa high court has held that if parties execute an unregistered sale deed without prior permission of competent authority,the transaction is void,and benefit of S 53A can not be claimed.(Sadhu meher v Rajkumar patel AIR 1994 Orissa 26).
