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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
National Insurance Company Limited – Appellant
Versus
Gajropan Yadav S/o Baldev Yadav – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. This first appeal under Section 96 CPC has been filed assailing the judgment and decree dated 16.06.2016 passed by learned Additional District Judge, Saraipali, District Mahasamund (CG) in Civil Suit No. 04-A/2015, by which the trial Court has dismissed the suit filed by the plaintiff by impugned judgment and decree.
2. For the sake of convenience, the parties shall be referred to in terms of their status shown in Civil Suit No. 04-A/2015 before the trial court.
3. Brief facts of the case as projected by the plaintiff before the Trial Court are that plaintiff, Smt. Dhanmoti, is a housewife and she always remain sick, due to which she made her husband Tikaram her power of attorney holder. Plaintiff agreed into purchase of land bearing Plot No. 323/2 measuring 2280 sq. ft. with roof tile house on it for sale consideration of Rs. 45,000 and Plot No. 323/30 measuring 2525 sq.ft. with baadi on it for Rs. 45,000 (suit house and baadi) from Smt. Ramshila, paid Rs. 90,000 cash in presence of witnesses on 02.06.2001 and took possession of the property. Since then either Ramshila (seller) or her legal heirs have not objected or disputed. In the year 2006, Ti
An unregistered agreement to sell immovable property does not confer ownership rights; registration is mandatory for valid transfer of title.
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....
The main legal point established in the judgment is the applicability of registration requirements under Section 17(1A) of the Indian Registration Act, 1908 and the limitations on filing a suit for s....
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 unregistered agreement to sell immovable property is inadmissible in evidence and cannot confer rights unless registered, as per the Registration Act.
Payment of stamp duty does not validate unregistered sale agreements for enforcement; compulsory registration is required under Section 17(1-A) of the Registration Act.
Unregistered agreements for sale are invalid for enforcement; payment of stamp duty does not cure the non-registration defect under the Registration Act.
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