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.