NATHULAL vs PHOOLCHAND

The Supreme Court held that the respondent was entitled to rely on the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882, as he had taken possession and paid part of the sale price. The Court clarified that Section 70(8) of the Madhya Pradesh Land Revenue and Tenancy Act, 1950 did not bar the respondent's defense since he was not relying on a sale but on a contract of sale. The Court found that the conditions for part performance were satisfied, including the respondent's willingness to perform his part of the contract, thus dismissing the appellant's appeal.