Back
HEMANT M. PRACHCHHAK
Manishkumar Bhogilal Patel – Appellant
Versus
Jaydeepsinh Ganpatji Thakor – Respondent
JUDGMENT :
1. The present Appeal from Order is preferred by the appellant herein – original defendant no.6 under Order 43, Rule 1 r/w. Section 151 of the Civil Procedure Code, 1908 challenging the impugned order dated 26.03.2018 passed by the learned Principal Senior Civil Judge, Gandhinagar below application at Exhibit 5 in Special Civil Suit No. 37 of 2017.
2. Brief facts of the present case are that the original plaintiffs – respondents no.1 and 2 herein filed Special Civil Suit No.37 of 2017 for specific performance of two agreement to sell executed on 30.07.2007 and 04.08.2007 with respondents no.3 to 7 and on the basis of the said agreement to sell, respondents no.1 and 2 filed the said suit along with ancillary relief of cancellation of registered sale deed executed on 18.06.2016 with respect to the agriculture land bearing Block No.176 admeasuring 4728 square meter situated at Village: Randeson, District: Gandhinagar. The plaintiffs have executed one unregistered agreement to sell on 30.07.2007 before the Notary and original defendant no.1 and present respondent no.3 i.e. legal heirs of Juhaji Shivaji Thakor for 1/8th share of agriculture land bearing Block No.176 admeasuring
Point of Law - Section 16 (c) of the Act of 1963 provides that specific performance of a contract cannot be enforced in favour of a person who fails to prove that he has performed or has always been ....
The delay in taking action after objections were raised, and the sale transaction to the new purchasers, did not warrant the grant of interim injunction.
(1) Merely because property is sold on lesser consideration then previous one, it does not ipso-facto make subsequent transaction illegal or malafide – Unregistered agreement to sell can be considere....
Bona fide purchasers are protected even in the absence of notice of prior unregistered agreements, and specific performance is unenforceable for such agreements.
An unregistered agreement to sell does not confer rights for specific performance; plaintiffs failed to show readiness and willingness to perform contractual obligations.
An unregistered sale agreement can be considered for proving possession and specific performance, and an agreement to sell does not confer any right, title, or interest over the property, thus not re....
(1) Agreement to sell – Suit for Specific Performance – Decree for specific performance can be passed contingent upon grant of permission.(2) Prohibition on sale of agricultural lands – Embargo creat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
