Section 53A of TPA : Section 53A: Part Performance

Explanation using Example

Imagine Rita agrees to sell her house to Sam for a certain amount. They both sign a written contract outlining the terms of the sale. Sam pays a portion of the price as a down payment and moves into the house as agreed, starting some renovations as part of his commitment to the contract. However, before the full sale is completed, Rita changes her mind and wants to sell the house to someone else for a higher price.

Under Section 53A of the Transfer of Property Act, 1882, Rita cannot enforce her right to sell the property to someone else as Sam has already taken possession and performed part of the contract by paying the down payment and beginning renovations. Sam has shown his willingness to fulfill the contract, so the law protects him, preventing Rita from selling the house to another buyer, as long as the contract and part performance are not known to the new buyer.