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...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 specifi...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 ...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 possess...
...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 ....
7. It is correct that agreement to sell does not create any right, however, the agreement to sell does enable the ...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 l....
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 ...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.
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CWP-2989-2025 :2:
4. It may be noticed that ...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...
...may be an agreement to sell in favour of the Society dated 23-1-1976. It is settled legal proposition that an agreement to sell does not create any right, or ti...record to show as to what had been its outcome.(iv) An agreement to sell did not confer any right on the Society, though the appellant ac...submitting that in respect of the suit land, there was an agreement to sell, dated 23-1-1976, in favour of the Society and once such an agreement to sell had been executed, the vendors had no ...
...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 mentione...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 t...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 p.... 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...
...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 .... ===============================================================
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 o....
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 Reddy1wherei...:
"….. It is settled legal proposition that an agreement to sell does not create any right, or title in favour of the intending buyer. The Societ...right in respect of the property in question on the basis of the agreement to sell,
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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 ...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 fav..., 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 ...
...’), and thus does not come within the mischief of proviso to Section 49 of the Registration Act as much as the ...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 Sect...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 prope...
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4.3 Learned advocate for the appellant has submitted that Agreement to Sell does not create any right, title or interest in f..., 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 ...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 ...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 w...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 intere...
...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 pers...(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 ...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...
...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 posi...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...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. M...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 ...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...
...2010 Vol.-8 SCC 383, it has been held that agreement to sell does not create any right in favour of.... In the present case there is no
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agreement to sell in favour of defendant. So the defense of appellant was not...the suit land by way of oral agreement and has submitted that the plaintiff has not denied the possession of the defendant in cross-examination so his possession was proved...
...2010 Vol.-8 SCC 383, it has been held that agreement to sell does not create any right in favour of.... In the present case there is no
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agreement to sell in favour of defendant. So the defense of appellant was not...the suit land by way of oral agreement and has submitted that the plaintiff has not denied the possession of the defendant in cross-examination so his possession was proved...
...property does not create any interest in or charge on such property agreed to sell or purchased and agreement to sell can be made only by a registered instrument.7...basis of it, was not maintainable.8. It is true that on the basis of unregistered agreement to sell, petitioner will not be in position to sue for specific performance of the contr...suit property in favour of third party saying agreement to sell was executed between the parties on 04.10.2012, however, same was never got registered; when plaintiff requested the defendant to execute...