ISSUE:
Whether an unregistered sale deed allow the mortgagee to claim protection under Section 53A (Doctrine of Part Performance)?
Whether the continued possession of a mortgagee qualify as an act in furtherance of part performance?
Whether the payment of Rs. 1,000 for stamp duty and registration expenses constitutes part performance?
RULE:
Protection under Section 53A is only available if there is a written contract, possession in furtherance of the contract, and willingness to perform obligations. Payment of money alone is not enough to qualify as part performance under Section 53A. Payment of money is an equivocal act, meaning it does not necessarily prove the existence of a sale agreement. Money can be recovered, unlike possession or structural changes to a property.
Acts done before a contract cannot be considered as acts in furtherance of the contract. A doctrine of part payment doctrine of part performance requires an act after and in furtherance of the contract.