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R. SUBRAMANIAN, N. SENTHILKUMAR
A. Ramakrishnan @ Ramakrishnappa – Appellant
Versus
N. Parvathi – Respondent
JUDGMENT
(Prayer: Appeal suit has been filed under Section 96 of the Civil Procedure Code, to set aside the judgment and decree of the learned Additional District Judge, Hosur dated 26.04.2017 in O.S.No.20 of 013 and to decree the said suit as prayed for.)
R. Subramanian, J.
1. The plaintiff in OS No.20 of 2013 an audacious suit by an agreement holder for a declaration that the Sale Deed dated 27.08.2012 executed by the purchaser from the agreement vendor in favour of M/s.Micro Surgical Instrument Limited, rep. by its Director Mrs.Balamanimegalai, for an injunction against the fourth defendant from alienating the suit property and for a direction to the fifth Defendant viz. the Sub Registrar not to register any transaction concerning the suit property is on appeal challenging its dismissal.
2. The brief facts that led to the filing of the suit are as follows:
2.1. The plaintiff claims to have entered into an agreement of sale with the first defendant on 19.01.2011 under Ex.A3. As per the said Agreement, the plaintiff has agreed to purchase the suit property for a total consideration of Rs.73,50,424/- and has also parted with a sum of Rs.10,00,000/- towards advance. It is a
The contract of sale by itself does not create any interest in immovable property, and the plaintiff, being only an agreement holder, did not have a subsisting right over the property to seek a decla....
The requirement of consensus ad idem and the equitable discretion to grant specific performance.
The court ruled that both declaration of termination and specific performance can be sought together. The suit was within the limitation period as the cause of action arose from the cancellation noti....
The main legal point established in the judgment is that the suit property must be clearly identified and have specific boundary details in the agreement for the contract to be enforceable.
The court ruled that a specific performance claim requires the existence of valid foundational documents, particularly when minors are involved in property transactions, necessitating a retrial to pr....
An agreement of sale does not itself convey ownership; therefore, a suit for declaration based on it is not maintainable.
An agreement of sale does not create any interest or charge on the property, and sale is a transfer of ownership.
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