Section 4: Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

Questions on this section

3 questions in 12 of our papers cite Section 4. Try these from the free papers:

1. 1. In Nathulal v. Phoolchand (1969), the transferee had taken possession under a written contract of sale and paid part of the price, but the vendor had not performed his own obligations, which came first in sequence, including obtaining a sanction required for the sale. Upholding the transferee's defence under Section 53A of the Transfer of Property Act, 1882, the Supreme Court held that:

   A.the transferee's readiness and willingness are irrelevant once possession has been deliveredB.Section 53A applies only where the transferee has paid the whole price before taking possessionC.the defence failed because the sale had not been completed by a duly stamped and registered instrumentD.he was willing to perform, as he could not be asked to pay the balance before the vendor performed
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2. 2. Consider the following statements regarding the Transfer of Property Act, 1882: 1. The chapters and sections of the Act which relate to contracts are to be taken as part of the Indian Contract Act, 1872. 2. Sections 54 (paragraphs 2 and 3), 59, 107 and 123 are to be read as supplemental to the Registration Act, 1908. 3. A State Government may, by notification, exempt any part of its territories from Sections 54 (paragraphs 2 and 3), 59, 107 and 123. 4. Section 122 is one of the provisions to be read as supplemental to the Registration Act, 1908. Which of the statements given above is/are correct?

   A.2, 3 and 4 onlyB.1, 2, 3 and 4C.1, 2 and 3 onlyD.1 and 2 only
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