Agreement to sell -- Specific performance - Un-registered agreement to sell vide which possession was delivered - Such an unregistered agreement cannot be accepted being in contravention of provisions of Registration Act, 1908 - Dismissal of suit, upheld...........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Agreement to sell -- Un-registered - Agreement in question did not prescribe any period of limitation - Total consideration amount of sale received from plaintiff by defendants - Possession also given to plaintiff - Mere fact that documents i.e agreement to sell and power of attorney being unregistered are not admissible as evidence, has been rendered meaningless...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit filed on the basis of unregistered agreement to sell without filing suit for substantive relief of specific performance - Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when defendant specifically filed..........
Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner failed to establish his possession over suit property on basis of unregistered agreement to sell or that said agreement contains any clause of transfer of possession - Agreement which does not even reflect transfer of possession of suit property, cannot entitle petitioner for..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Agreement to sell - Plaintiff is entitled to protect his possession, may be under an agreement of sale, except in due course of law - Relief of injunction cannot be denied on the ground that agreement to sell is unregistered...........
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A) -- Agreement to sell - Unregistered - In case vendor files suit for recovery of possession on the basis of ownership, then vendee may not be entitled to protect his possession u/s 53-A of TP Act when agreement to sell is unregistered and was executed subsequent to amendment S.17(1-A)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court erred in declining the..........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - Landlord tenant relationship - Suit for possession, damages and mesne profits - No interest in immovable property can be claimed or transferred on the strength of an unregistered document - Moreso, there is nowhere provided that possession has been delivered to tenant in part..........
