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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
| Table of Content |
|---|
| 1. facts of the case and claims (Para 1 , 3 , 5 , 11) |
| 2. arguments of the plaintiff and defendant (Para 8 , 9) |
| 3. court's analysis of evidence and trial court's decision (Para 10 , 25) |
| 4. court's reasoning regarding lack of ownership (Para 12 , 18 , 22 , 24) |
| 5. conclusion and order dismissing the appeal (Para 26 , 27 , 28) |
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 consideratio
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.
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