Performance under Section 53A of the Transfer of Property Act, 1882

The doctrine of Part Performance under Section 53A of the Transfer of Property Act, 1882
was introduced to prevent the injustice that may result from the transferor denying the transfer of
property after the transferee has already performed or partly performed their obligations under a
contract. This doctrine is based on the principle of equity, which seeks to protect a party who has
acted in good faith and taken possession of a property, believing that the formalities of transfer
(such as registration) would follow.

Conditions for Application of Section 53A

For the doctrine of part performance to apply, the following conditions must be met:

1. There must be a written contract: The contract must be in writing, and it must relate to
the transfer of immovable property.

2. The transferee must take possession: The transferee must either take possession of the
property or, if already in possession, continue in possession in furtherance of the contract.

3. The transferee must perform or be willing to perform their part of the contract: The
transferee must fulfill or show readiness and willingness to fulfill their part of the
contract, such as paying the agreed price.

4. The contract should be valid and enforceable: The contract must be a valid one,
meaning it should not be illegal, fraudulent, or otherwise void.

5. The transferor cannot claim possession: If the transferee has fulfilled these conditions,
the transferor cannot evict them or recover the property. The transferee can use the
doctrine of part performance as a defense.

Limitations of Section 53A

 Section 53A only provides a shield, not a sword. This means that the transferee can only
use this section to defend against the transferor's claims for possession but cannot initiate
legal action to enforce mthe contract (such as seeking specific performance).
  This section does not confer title upon the transferee. It merely protects the transferee's
possession, meaning that the transferee cannot claim ownership or sell the property to a
third party without having the title.

Relevant Case Law

1. Arif v. Jadunath (1931)

This case is one of the earliest interpretations of Section 53A. It established that part
performance of a contract could be used as a defense even if the contract was not
formally completed. The court held that as long as the transferee had acted on the
contract and taken possession, the transferor could not evict them.

2. Nathulal v. Phoolchand (1970)

In this case, the Supreme Court of India emphasized that for Section 53A to apply, the
transferee must have performed or be willing to perform their part of the contract. The
court held that mere possession without fulfilling the obligations (such as payment) under
the contract would not suffice.

3. Bajrang Jatia v. State of Bihar (2015)

The court reiterated that part performance does not create title in favor of the transferee.
The transferee can only defend possession but cannot assert ownership over the property.
It was clarified that this doctrine applies only when the transferee has done something
substantial towards fulfilling the contract.

Legal Significance

The doctrine of part performance ensures that a transferee who has relied on the contract and
taken possession of the property is not unjustly evicted. It prevents the transferor from taking
advantage of technicalities like non-registration, especially when the transferee has performed or
is ready to perform their obligations. It balances the interests of both parties and provides
equitable relief to the transferee.
Lis Pendens under Section 52 of the Transfer of Property Act, 1882

Lis Pendens is a Latin term meaning "pending litigation." The doctrine of Lis Pendens is
enshrined in Section 52 of the Transfer of Property Act, 1882 and is a crucial principle
designed to maintain the status quo of property rights during ongoing litigation.

The doctrine prevents one party to a dispute from transferring property to a third party during the
pendency of a lawsuit, thereby preventing any actions that could affect the outcome of the case
or render the court's decision ineffective.

Essentials of the Doctrine of Lis Pendens

1. A suit or proceeding must be pending: The suit must be related to a dispute over
immovable property, and it must be pending before a court of competent jurisdiction.

2. The suit must involve the rights to immovable property: The doctrine applies only
when the property rights or interests are directly in question in the litigation.

3. The transfer must be made by a party to the suit: The doctrine applies only to
transfers made by parties who are directly involved in the pending litigation.

4. The transfer must be made during the pendency of the suit: If the transfer is made
after the initiation of the suit but before the final judgment, it will be subject to the
doctrine of Lis Pendens.

Scope of Section 52

 Effect on transfers: Any transfer of property made during the pendency of litigation is
not void but is subject to the final decree or judgment of the court. This means that if the
court rules against the transferor, the transferee's rights in the property will be affected by
the judgment.

 Third-party purchasers: Even if a third-party purchaser buys the property in good faith
without knowledge of the litigation, their rights will still be subject to the court’s ruling in
the original dispute. The principle is that no one should be allowed to prejudice the rights
of others by transferring property while litigation is pending.
Purpose of the Doctrine

The doctrine of Lis Pendens is based on public policy. It ensures that the subject matter of the
dispute (the property) is not altered or transferred to third parties during litigation, which could
lead to multiple lawsuits or contradictory rulings. It protects the parties' rights during the
litigation process and ensures that the court’s decision is not rendered meaningless by subsequent
transfers.

Relevant Case Law

1. Gouri Dutt Maharaj v. Sukur Mohammed (1948)

This case is one of the seminal judgments where the Privy Council held that the doctrine
of Lis Pendens is based on the principle that litigation must not be allowed to be defeated
by alienating the property that is the subject of the dispute. The decision emphasized that
any transfer of property during litigation would be subject to the court's decision.

2. Jayaram Mudaliar v. Ayyaswami (1972)

In this case, the Supreme Court of India held that the doctrine of Lis Pendens applies to
all transfers made during the pendency of the litigation, irrespective of whether the
transferee had notice of the pending suit. The court underscored the importance of
preventing property disputes from being complicated by transfers made during litigation.

3. Rajender Singh v. Santa Singh (1973)

The court clarified that the doctrine of Lis Pendens is designed to ensure that the ultimate
judgment in a case is effective. It prevents the alienation of property that is the subject of
litigation in a way that would frustrate the court's ruling.

4. T. G. Ashok Kumar v. Govindammal (2010)

The court ruled that even where a third party has purchased the property in good faith,
without knowledge of the pending litigation, their rights in the property are subject to the
final decree in the ongoing case. This reaffirms the strict application of the doctrine of Lis
Pendens to all property transfers during litigation.

Legal Significance
The doctrine of Lis Pendens is crucial for ensuring the integrity of the judicial process. It ensures
that property disputes are not complicated by transfers made during litigation, which could
otherwise lead to conflicting rights and further litigation. It upholds the principle that the court’s
final decision in a dispute over property must not be defeated by transfers made during the
pendency of the suit.

Comparison: Part Performance vs. Lis Pendens

While Section 53A (Part Performance) and Section 52 (Lis Pendens) are both important
principles in property law, they serve different purposes and apply in different circumstances:

 Part Performance (Section 53A) applies when a transfer has been agreed upon but has
not been completed due to formalities like registration, and the transferee has taken
possession and acted in reliance on the contract.

 Lis Pendens (Section 52) applies when a property dispute is being litigated, preventing
any transfer that could affect the outcome of the case.

In essence, Part Performance is used as a defense to protect possession in cases where the
formal transfer is incomplete, while Lis Pendens is a preventative measure ensuring that the
status of the property remains unchanged during litigation.