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december 1981

Supreme Court of India · 1981-12-15

SARDAR GOVINDRAO MAHADIK & ANR. vs DEVI SAHAI & ORS.

Citation / case number
SC 1969/60359
Court
Supreme Court of India
Petitioner
SARDAR GOVINDRAO MAHADIK & ANR.
Respondent
DEVI SAHAI & ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that for invoking the doctrine of part performance under Section 53A of the Transfer of Property Act, there must be a written contract for the transfer of immovable property, signed by the party to be bound, and the terms must be ascertainable with reasonable certainty. The Court emphasized that acts of part performance must be unequivocally referable to the contract and demonstrate a real nexus between the contract and the acts performed. The judgment clarified that the equitable doctrine cannot be invoked based solely on oral contracts, as they are not recognized under Section 53A, thus reinforcing the necessity of written agreements in property transactions.

SARDAR GOVINDRAO MAHADIK & ANR. vs DEVI SAHAI & ORS. · Niyam