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reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part ... already in possession, continues in possession in part performance of the contract and has done some act in furtherance
Central Government Act
Specific Relief Act, 1963
12. Specific performance of part of contract.-
(1) Except as otherwise hereinafter provided in this section ... court shall not direct the specific performance of a part of a contract.
(2) Where a party to a contract
Central Government Act
possession of the property in part performance of the
contract of sale and continued to be in possession ... date of
contract would not be in part performance of the contract,
and also the payment made for the purchase
Supreme Court of India
thus:
27. Specific performance in case of part performance of contract to
lease.- Subject to the provisions of this Chapter ... part performance, who claims
equity to protect his possession, has a responsibility of higher degree
in the performance of contract
Bombay High Court
reasonable certainty,
and the transferee has, in part performance
of the contract, taken possession of the property or
any part ... already in
possession, continues in possession in part
performance of the contract and has done some act
in furtherance
Supreme Court of India
According to the plaintiffs, by way of part performance of the
contract, they were put lit possession by the defendants ... this group lies the provision as to part performance
of a contract to transfer for consideration any immovable property
Madras High Court
property to be taken or retained in part performance of a
contract of the nature referred to in section ... facet of the equitable doctrine of part performance of
contract falling within the scope of section 53A of the Transfer
Authority Tribunal
Delhi High Court: "Continuation of
part performance of the contract remains valid provided both the
parties are ready or willing ... prove that he was
delivered possession in part performance of the contract or he,
being already in possession as lessee
Delhi High Court
possession' of land to be taken in part performance
of the contract and, therefore, the transfer within the
meaning ... property to be taken or retained in part
performance of a contract of the nature referred to in section
Income Tax Appellate Tribunal - Hyderabad
oral agreement, the plea of in
possession in part performance of contract cannot be raised. Under this
agreement dated ... against eviction on the basis of principle of part
performance of contract was if available to the defendant, then
Rajasthan High Court
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