...below. Learned counsel for the petitioner submitted that once agreement to sell is not registered, it does not create any right in the property. He further submitted that specific performance of agreement...to sell has never been sought for.6. No doubt agreement to sell does not create any right in the property but it certainly creates a right to the property. Here is a case where full...Radhey Shyam entered into an agreement to sell for full payment dated 21.07.2001 with him and transferred all the rights in his favour. It was clearly written in the agreement to sell that possession...

...already noticed, has been allowed. 4. The learned counsel representing the petitioners submits that the agreement to sell was entered into by defendant No.1 during the pendency of the suit and in violation of injunction order. She further submits that respondent No.1 has remedy against defendant No.1 but she cannot become party. She further submits that the agreement to sell does not create any right in.... 7. It is correct that agreement to sell does not create any right, however, the agreement to sell does enable the agreement holder to sue for its specific performance. In...this case, defendant No.1 has entered into an agreement to sell with respondent No.1 and received Rs.10,00,000/-. Thereafter, it was not appropriate for her to enter into a settlement in order to...

...respondents 5 to 8. However, since only an agreement to sell has been executed, the same in my considered opinion, does not amount to creation of any third party interest in the land in question. This is so because an agreement to sell does not create any right in.... The allegation of the petitioner is that the respondents 1 to 4 have entered into an agreement to sell regarding the property in dispute in favour of respondents 6 to 9. In my considered opinion...the land. It only grants a right to the parties to sue for specific performance. In my considered opinion, no contempt...

...that there is an agreement to sell qua the said house. 1 of 2 CWP-2989-2025 :2: 4. It may be noticed that agreement to sell does not create a right in...the petitioner to seek information of a third party. In case, the petitioner has any grievance on the basis of the said agreement to sell...second appeal filed by the petitioner under Section 19(3) of The Right to Information Act, 2005 qua the grant of information qua House No.267, Sector 11-A, Chandigarh has been declined...

...observed that "as per settled position of law a mere agreement to sell does not create right, title or interest". It is further noted that "in the sale deed Dt. 23.01.2008, it is mentioned to be executed by...the present Petitioner. It is stated that, on 29thSeptember 1970, Mr. Chopra sold the land admeasuring 2500 sq. yds. out of the total land to the present Petitioner by an Agreement to Sell...property. This having not been done does not permit the appellant/Sh. Riazuddin to contend now that his possession be protected. Even if the appellant is deemed to be in possession, it would be in the...

...Contract can be filed on the basis of oral agreement. The question for consideration in this case is whether the plaintiff has a legal right to restrain the defendant from alienating the suit land by obtaining an order of temporary injunction. It is well settled that an agreement to sell creates a right in personam and it does not create any...agreement to sell creates right in personam and it does not create any right in property. An agreement to sell gives a right to the proposed purchaser to bring a suit for specific performance of contract.... Narain Dass (AIR 1981 Delhi, 291) it has been held by a Division Bench that an agreement to sell creates a right in personam and not in the estate such right created against a vendor...

...contended that the Appellants have merely executed an Agreement to Sell and Purchase and the physical possession has not been transferred. It is further contended that mere execution of the Agreement to Sell does not violate the status quo order as the Agreement to Sell does not create any right or.... =============================================================== 8. We find no merit in the contention of the learned Counsel for the Appellants that by execution of the Agreement to Sell the status quo order has not been violated.... 9. The Appellants have not denied that at the time of the execution of the Agreement to Sell and the General Power of Attorney dated 16.09.2010 the Appellants were aware of the status...

...itself will not create any interest or charge on such property. The said legal position is also made very clear by the Apex Court in the case of Meghmala v. G. Narasimha Reddy1wherein it is stated that an agreement to sell does not create any right or...: "….. It is settled legal proposition that an agreement to sell does not create any right, or title in favour of the intending buyer. The Society did not...right in respect of the property in question on the basis of the agreement to sell, 2 dated 30.09.2005, said to...

...the rights of the plaintiff who has got a decree for specific performance of the agreement to sell in his favour. No doubt, agreement to sell does not create any right in the property, however...agreement to sell dated 21.11.2000 with respect to the land measuring 8 bighas and 1 biswas. Objector-auction purchaser is brother of Saudagar Singh (judgment-debtor) who had agreed to sell in favour of..., theagreement to sell creates an obligation arising out of the agreement to sell and such obligation is enforceable through suit for specific performance of the agreement to sell. Learned counsel for the...

...’), and thus does not come within the mischief of proviso to Section 49 of the Registration Act as much as the provisions of Section 53A of the Transfer of Property Act are not attracted. The agreement to sell itself does not create any right, title...different eventuality. In the latter class of cases, the agreement to sell is not required to be registered as it does not fall within the ambit of either Section 53-A of the TP A or Section 17(1 A) of the Act and does not require any registration. Such agreement to sell falls under the mischief of Section 17(2)(v) of the Act. It itself does not create, declare, assign, limit or extinguish any right, title...of Section 17(2)(v) and proviso to section 49 of the Act leaves no room for doubt that an agreement to sell property itself does not create any right, title to the property. It is the sale-deed which...

...does not lack cause of action. Despite the petitioners' reliance on the settled position of law reiterated in the judgment passed by the Hon'ble Supreme Court in Suraj Lamp & 9 Industries (P) Ltd. (2) v. State of Haryana, (2012) 1 SCC 656, that a mere GPA or agreement to sell does not create right, title.... Pramod Anand & Ors. 2018 SCC OnLine Del 10054, that a mere agreement to sell or a GPA transaction does not confer any right, title or interest in an immovable...the defendants no. 1 and 2 themselves trace their title and infact put forth their claim on the basis of GPA, Agreement to Sell that is the usual documents, then, it does not lie...

...8 4.3 Learned advocate for the appellant has submitted that Agreement to Sell does not create any right, title or interest in favour of the..., prima facie, the plaintiff has miserably failed to establish title as well as possession over the suit property. In the catena of decisions, the principle is very clear that the Agreement to Sell does not create any right, title...relief of declaration and permanent injunction. The original owner Shanaji Devaji Thakor executed an Agreement to Sell on 08.05.1996 in favour of defendant No.1 and in turn the defendant No.1 executed...

...latter class of cases, the agreement to sell is not required to be registered as it does not fall within the ambit of either Section 53-A of the TPA or Section 17(1A) of the Act and does not require any registration. Such agreement to sell falls under the mischief of Section 17(2)(v) of the Act. It itself does not create, declare, assign, limit or extinguish any right, title...to section 49 of the Act leaves no room for doubt that an agreement to sell property itself does not create any right, title to the property. It is the sale-deed which when executed will create right...agreement to sell is executed between the parties. The agreement to sell does not itself create, declare, assign, limit or extinguish any right, title or interest in the property rather it gives a right...

.... The Trial Court held that the plaintiffs had failed to establish a prima facie case, observing that mere execution of an agreement to sell does not create any right or interest in the property. It...direction against defendant no. 1 to execute the sale deed in their favour on receipt of the balance sale consideration. Thus, in substance, the relief of enforcement of the agreement to sell has been claimed. 8. However, the aforesaid erroneous observation, by itself, is not sufficient to vitiate the impugned order. It is well settled that an agreement to sell, by itself, does not create any right, title...where the existence of an agreement to sell is not seriously disputed, grant of temporary injunction to preserve the subject matter of the suit is of paramount importance. It was further submitted...

...and material irregularity in granting temporary injunction in the facts and circumstances of the case. The courts below have over-looked the settled principles of law that an agreement to sell creates right in personam and it does not create any...(AIR 1981 Delhi, 291) it has been held by a Division Bench that an agreement to sell creates a right in personam and not in the estate such right created against a vendor to obtain specific...right in property. An agreement to sell gives a right to the proposed purchaser to bring a suit for specific performance of contract to sell but he...

...before them, it was Mohinder Singh who was in possession of suit property. It was also claimed that Mohinder Singh had executed agreement to sell. 8. Learned Court of First Instance had rightly rejected the claim made by appellants-defendants on the ground that agreement to sell does not create any right in...are claiming possession was ever in possession of the suit property. Unless possession of Mohinder Singh is proved, mere agreement to sell (Ex.D1), which has not matured in sale deed till date is of no...by street. However, appellants-defendants have not disclosed as to whether the suit property is part of khasra number upon which respondent-plaintiff is claiming its right vide Ex.P1 and Ex.P2...

...a matter of evidence to prove whether the legal representatives of late Shri Azizuddeen had any authority or power to sell the disputed premises to the respondent-plaintiff. Even otherwise, it is settled legal position that an agreement to sell does not create any right, title...on record to show that the disputed property is a protected monument. According to him, the respondent-plaintiff is in possession of the said disputed premises by virtue of an agreement to sell dated...Notification of 1974 by the State Govt. under the provisions contained in the said Act. The respondent-plaintiff is claiming his possession on the basis of an alleged agreement to sell dated 21.6.2005...

...propounding an agreement purported to be executed by Kartar Singh and others in favour of Balbir Singh, their predecessor in interest. As per the settled position in law, an agreement to sell does not create any right in...strangers to the agreement. It has further been held that the plaintiff is a dominus litus in the suit and should not be forced to fight with the person against whom he does not seek any relief. Moreover...sell dated 19.4.1994 on the premise that Kartar Singh and others agreed to sell the suit land and failed to perform their part of the agreement. In the said case, the present petitioner, successor-in...

...allegations that concealing the agreement to sell, the applicant executed a sale deed in favour of the informant. It is submitted by learned Counsel for the applicant that the agreement to sell does not create any right, title...behalf of the State and Mr. Praveen Kumar Singh, learned Counsel for the complainant. It is submitted by Mr. Vikash Chandra Tiwari that a registered agreement to sell...agreement to sell, for whatever reason, a sale deed dated 28.03.2018 has been executed in favour of Bishandas Khanna and Umang Khanna. The present F.I.R. has been lodged by Bishan Das Khanna, with...