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Mar 31, 2009

TPA-Sec 53 A Nathulal v. Phool chand, AIR 1970 SC 546 land down the conditions necessary for making out the defence of part performance are : (1) that the transferor has contracted to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty. (2) that the transferee has, in part performance of the contract, taken possession of the property or any part thereof or the transferee being already in possession continues in possession in part performance of the contract. (3) that the transferee has done some act in furtherance of the contract. (4) that the transferee has performed or is willing to perform his part of the contract.

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