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ABHAY S. OKA, SANJAY KAROL
Maharaj Singh – Appellant
Versus
Karan Singh (Dead) Thr. Lrs. – Respondent
Key Points: - The Court discusses whether the suit agreement can be considered sham/bogus and acted upon, despite Evidence Act sections 91 and 92. (!) (!) (!) - It analyzes the status of second to fourth defendants as bona fide purchasers for value without notice, given registration and notice implications under Registration Act and Transfer of Property Act. (!) (!) - It states that a decree for specific performance can be conditioned on obtaining permission to sell under Zamindari Abolition Act, including implied covenants to obtain such permission. (!) (!) (!) - The remedy framework for dealing with subsequent sale deeds in a specific performance context is discussed, including directing joint execution with the original vendor and potential cancellation considerations. (!) (!) (!) - It clarifies that an agreement for sale does not transfer title and that embargo under Zamindari Abolition Act applies to sale deeds, not to the agreement for sale. (!) - It addresses that the plaintiffs may be entitled to specific performance against subsequent purchasers unless they are bona fide purchasers without notice; otherwise, relief may be restricted. (!) (!) - The court modifies decree to limit relief to one-half undivided share in favor of the first plaintiff and directs permission application under Zamindari Abolition Act. (!) (!) (!)
JUDGMENT :
Abhay S. Oka, J.
This appeal is at the instance of the original third, second, and fourth defendants. The first and second respondents are the original plaintiffs. The third respondent is the mother of the deceased original first defendant. For convenience, we are referring to the parties according to their status in the suit.
FACTUAL ASPECT
2. Reference to a few factual aspects will be necessary. The first defendant executed a registered agreement for sale dated 7th December 1981 by which he agreed to sell his Bhumidhari land measuring 2.90 acres of Khasra no. 48 (for short, 'the suit property') at village-Jauniwala, Tehsil-Kashipur, District-Nainital in favour of the plaintiffs for the consideration of Rs. 20,300/-. There was a recital in the registered agreement dated 7th December 1981 (for short, 'the suit agreement') that the first defendant had received a sum of Rs. 7,000/- as advance and the balance consideration was payable at the time of execution of the sale deed. The first defendant agreed to execute the sale deed within three years from the date of the suit agreement. According to the plaintiffs' case, requests were made orally and by sending notices to the first
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The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
An unregistered agreement to sell does not confer rights for specific performance; plaintiffs failed to show readiness and willingness to perform contractual obligations.
A defendant who fails to file a cross-objection or cross-appeal against adverse findings in the trial court cannot challenge those findings in a second appeal to obtain a more favorable position than....
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
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The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
Agreement to Sell – Suit for Specific Performance – Once execution of agreement to sell and payment/receipt of advance substantial sale consideration is admitted by vendor, thereafter nothing further....
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