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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH: J
Prathima – Appellant
Versus
Vinaya R. Achar – Respondent
| Table of Content |
|---|
| 1. factual background of the sale agreement. (Para 2 , 3) |
| 2. defendant's denial of the agreement and statutory bar. (Para 4 , 5) |
| 3. trial court's findings on payment and possession. (Para 6 , 7) |
| 4. arguments on legal errors by lower courts. (Para 8 , 9) |
| 5. court's analysis of statutory provisions and agreements. (Para 10 , 11 , 12 , 13) |
| 6. court's final order and decision. (Para 14) |
JUDGMENT :
H.P.Sandesh, J.
This matter is listed for admission and I have heard learned counsel for the appellants and learned counsel for caveator-respondent.
2. The factual matrix of case of the plaintiff before the Trial Court is that ‘A’ schedule property was assigned in favour of defendant in EDR:SR:1307/1994-95 dated 14.10.1998 and in ADS EDR (1) SR 253/2002-03 dated 21.06.2003 The defendant was residing at Udupi and employed there and he wanted to dispose of the property for his urgent needs. The defendant approached the plaintiff and agreed to sell the ‘A’schedule property for a sum of Rs.4,15,000/- and also entered into a written agreement of sale with the plaintiff dated 11.09.2004. The plaintiff was already in possession of the ‘A’ schedule property under an earlier agreement of sale.
The court upheld the validity of property sale agreements made with conscious acknowledgment of a statutory bar on alienation, affirming that possession under the agreements was sufficient for enforc....
Agreements executed in violation of statutory prohibitions, particularly in land transactions, are void and unenforceable, reflecting principles of law against illegal agreements.
Civil Procedure Code, 1908 – Order 21 Rules 97, 98 and 101 – Execution of decree – Mutation entry in revenue records does not create title nor has any presumptive value on title, but only enables the....
Specific performance of a sale agreement executed during a non-alienation clause period is valid if the agreement stipulates fulfillment after the clause's expiration, emphasizing the need for equita....
The courts upheld that an agreement for the sale of property without the seller's title cannot be enforced, but the plaintiff is entitled to a refund of consideration paid.
Agreement to Sell – No person shall take possession of any land in province of Kashmir which has been transferred or has been contracted to be transferred to him unless and until such transfer become....
An agreement to sell lacking compliance with statutory requirements under the Transfer of Property Act is invalid and does not confer rights, necessitating restoration of possession to the rightful o....
Agents may execute sale deeds within their authority; failure to set aside such deeds results in enforceability. Remedies against breaches of power are financial rather than reclaiming properties.
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