Key Points: - The doctrine of part performance under Section 53-A provides a shield of protection to the proposed transferee against the transferor, not against third parties. (!) - Protection under Section 53-A requires meeting specific conditions: (1) a contract to transfer immovable property for consideration; (2) the contract must be in writing and signed; (3) the writing contains ascertainable terms; (4) the transferee must take possession in part performance; (5) the transferee must have done some act in furtherance of the contract; (6) the transferee must have performed or be willing to perform his part. (!) (!) (!) (!) (!) (!) - The doctrine can be invoked by the transferee or any person claiming under him, but a third party with no privity of contract cannot invoke it against the plaintiff/ respondent. (!) (!) - An agreement to sell does not create an interest in the land; title transfers only by a registered deed when value exceeds Rs.100, and the presence of a registered sale deed is required to divest title from the vendor. (!) - In the cited case, the appellant, being a third party, could not avail of the doctrine to protect possession against the plaintiff/respondent. (!) (!) (!) - The High Court erred in treating Section 53-A as conferring ownership rights on proposed transferees against third parties; Section 53-A only provides a shield against the transferor. (!) - The appeal was dismissed; no merit found in extending Section 53-A rights to third parties. (!)

What is the scope of protection under Section 53-A of the Transfer of Property Act for a proposed transferee against the transferor?

What are the conditions that must be fulfilled for a transferee to invoke the doctrine of part performance under Section 53-A?

Can a third party with no privity of contract invoke the doctrine of part performance to protect possession?