1.

Mohammed Musa Case

The privy council held that equity of part performance could be applied to Indian cases,
and this had marked the beginning of doctrine of part performance in India. Since the case
started in late 1880’s, the facts aren’t available.
2. Maddison vs Anderson
Maddison had been promised that if she worked as a house help without wages for
several years then the deceased would give all her estate to her. However, after her death,
the will failed because of attestation. So, the issue was whether appellant established part
performance of agreement. It was held that Maddison had not established any contract
between her and her employer; even if there were a contract, it would only be enforceable
if the Maddison’s acts relied on as part performance to take it out of the operation of the
Statute of Frauds were unequivocally referable to the contract.
3. Mahadeva & Ors v Tanabai
This case was basically about the time period under which one can exercise the Doctrine
of, it was asserted that the expiration of the limitation period would have had no effect on
the relationship between the transferor and transferee and, thus, would have had no effect
on the protections provided by the Doctrine of Part Performance.
4. Pannalal vs Labhchand
The court concluded that the progress of the agreement required exemplary behaviour.
Simple possession maintenance by the transferee is inadequate to satisfy this need.
5. Hameed v. Jayabharat Credit and Invest. Co
Section 53-A will not apply if there is a legitimate clause permitting the owner to
confiscate a car on hire-purchase for non-payment of an instalment.
6. N. Patra v. SG Patra and Others
an oral agreement that would not be valid on its own will be a valid contract for claiming
defence under the said provision if it is reduced to writing.
7. Technicians Studio Pvt. Ltd. v Lila Ghose
To seek Section 53A relief, the transferee is not required to have begun an action for
partial performance