JUGMENT:- In what situations will be doctrine of "part performance" as enunciated in Section 53A of the Transfer of Property Act, 1882 serve as a valid defence? It is incumbent on the party invoking the provisions of Section 53A of the Transfer of Property Act to establish before the Court that all the requirements of this section, and not only some of them, have been satisfied. Where the document in question is unavailable for good reasons, it would still be necessary to adduce secondary evidence to satisfy, the Court that there existed a contract in writing and, more importantly, so that the Court may ascertain with reasonable certainty as to what were the terms of that document. Equally necessary for the protection under this section to be made available, the defendant will have to be willing to perform the terms of the contract as required. In the absence of everyone of these requirements being satisfied and where the burden of proof is not adequately discharged, the applicability of Section 53A of the Transfer of Property Act will be impermissible.

2. This Second Appeal, though admitted in the year 1982, pertains to a litigation that commenced by way of Regular Civil Suit No.47

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