Registration Act, 1908, Section 17(1)(b) -- Agreement to sell - An agreement for sale by itself does not create any interest or charge in a property agreed to be sold and it is for this purpose that agreement for sale is not treated as a conveyance for the purpose of Registration Act and therefore, not compulsorily registered u/s 17(1)(b) of the Act...........
Registration Act, 1908, Section 17(1A) -- Registration - Agreement for sale - Agreement in question executed in 1993 much prior to S.17(1-A) of the Act coming into force - Agreement thus, not a compulsorily registrable document, even for the purpose of S.53-A of T.P Act...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiffs were in possession of suit property pursuant to agreement for sale - Defendant failed to oppose the possession of plaintiff or proved better title than one possessed by plaintiff - Suit held, rightly decreed by Court below...........
Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Dispute as to sharing of rent of lease space - Cl.19 of Addendum that in the event of any dispute and difference arising among parties out of, in connection with or relating to agreement will be referred to arbitration - High Court committed grave error in not referring dispute between parties..........
Hindu Law -- Coparcenary property - Alienation by father - Suit property had lost its status of coparcenary property in 1985, when mutation in respect of property in question was attested in favour of wife and son of grandfather of plaintiff - Said mutation remained as it was, without there being any challenge - On date of execution of agreement to sell, suit property was..........
Agreement to sell -- Suit for specific performance - Plea of loan transaction - Non-mentioning of interest in the agreement - Cannot be taken as a circumstance to doubt plea of loan transaction or accept the contention that parties actually intended to sell the suit land by way of agreement...........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Licence or lease - Nature of document - Exclusive possession was not handed over to defendant under document in question - Only a permission to occupy premises for conduct of business was granted - Parties are bound by agreement executed between parties - Construction of agreement would show..........
Agreement to sell -- Specific performance - In case there is stipulation in the agreement as to payment of damages in case of breach of agreement but there is no negative stipulation in the agreement that in that event specific performance cannot be sought then plaintiff is entitled to seek specific performance...........
Agreement to sell -- Specific performance - Stipulation in agreement as to recovery of damages in case of breach of agreement by defendant but conspicuous absence of a clause enabling specific performance of the agreement - It is a factor to be taken into consideration while exercising discretion u/s 20 of Specific Relief Act...........
Agreement to sell -- Specific performance - Stipulation in agreement as to recovery of damages in case of breach of agreement by defendant but conspicuous absence of a clause enabling specific performance of the agreement - Discretion exercised against grant of decree for specific performance...........
