RAJA SAGI PADMANBHARAJU Vs. SAGI LAKSHMI KUMARA RAJU

JUDGEMENT

(1.) The question that has been referred to the Full Bench is :

(2.) The answer to the question turns upon the true construction of section 53-A of the Transfer of Property Act (hereinafter referred to as "the Act") and in particular, of the expression "by writing signed.. on his behalf", occurring in the opening clause of the section. That section is in the following terms:

(3.) This section has been described by the Judicial Committee of the Privy Council as " a partial importation into India of the English equitable doctrine of part performance." The principle on which the doctrine rests is that "if a man have made a bargain with another, and allowed that other to act upon it, he may have created a equity against himself which he cannot resist by setting up the want of a formality in the evidence of the contract and obtained possession of the property, should be in a position to protect his possession against the person who has transferred the property or anyone who claims through him. This doctrine has been enacted in section 53A of the Act subject to two conditions, namely, that the contract must be in writing, and the right is available only as a defence: it is held and not a sword. The effect of the section is to relax the strict provisions of the Registration and transfer of Property Acts in order to allow the defence of part performance to be established.