The case of Ariff vs. Jadunath, 58 Cal. 1235 (Privy Council) relates to which one of the following ?
In Ariff v. Jadunath Majumdar (1931) the Privy Council held that the English equitable doctrine of part performance could not be applied in India to defeat the requirement…
Choose your answer
The case of Ariff vs. Jadunath, 58 Cal. 1235 (Privy Council) relates to which one of the following ?
Answer and explanation
Correct answer C
In Ariff v. Jadunath Majumdar (1931) the Privy Council held that the English equitable doctrine of part performance could not be applied in India to defeat the requirement of a registered instrument, because the Transfer of Property Act did not then contain it.
Section 53A, inserted by the amending Act of 1929, now gives a transferee in possession under a written contract a statutory defence of part performance. The case has nothing to do with election, mortgage or lease.
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