Ajoy transfers his house under a written contract of sale to Bijoy for Rs.10,00,000. Bijoy pays Rs.3,00,000 to Ajoy and takes possession of one of the four rooms of the house. No registration of documents of the contract of sale is made. After six months of the said contract, Ajoy sells the same house to Chander for Rs.20,00,000. Chander has no knowledge of the previous transaction between Ajoy and Bijoy. When Chander claims the house, Bijoy takes protection of part-performance of the contract. Will Bijoy succeed ?
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law case ..plzz solve
Replies (2)
This question is from chapter - the transfer of property act,1882 of gcl.
Under Section 53A of Transfer of property act,1882, the right of the transferee will not get affect for consideration. who has no notice for the contract or of the part performance thereof, Even though all the other conditions are in favour of Ajoy but Chander is a party to the contract who has no notice of the contract earlier made and will take protection against part performance.
Thus, Bijoy Cannot Succeed.
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