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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…

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The case of Ariff vs. Jadunath, 58 Cal. 1235 (Privy Council) relates to which one of the following ?

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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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