This is an appeal from a judgment of the High Court of Judicature at Madras dated 22nd November1, 1943, affirming the judgment of the District Judge of Guntur dated 20th April, 1942, who had allowed the respondent’s appeal from the judgment of the Subordinate Judge of Bapatla, dated 31st July, 1939.

Leave to appeal to His Majesty in Council was given by the High Court of Judicature at Madras on the ground that the case involved a substantial question of law as to the true construction of section 53-A of the Transfer of Property Act.

That section is in the following terms:

“53-A. Part performance.- Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty,

and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract and the transferee has performed or is willing to perform his part of