Gurbachan Singh vs Raghubir Singh - 2009 Supreme(P&H) 2151

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(P&H) 2151

RAKESH KUMAR JAIN
Gurbachan Singh – Appellant
Versus
Raghubir Singh – Respondent

Judgement Key Points

What is the effect of an unregistered agreement to sell on entitlement to specific performance under Indian law? What is the application of Section 53-A of the Transfer of Property Act, 1882 in cases where possession is in part performance but the agreement to sell is unregistered under Section 17(1A) and Section 49 of the Indian Registration Act, 1908? What are the legal consequences of non-registration of an agreement to transfer immovable property for its admissibility as evidence and for granting or denying a decree for specific performance?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the effect of an unregistered agreement to sell on entitlement to specific performance under Indian law?

What is the application of Section 53-A of the Transfer of Property Act, 1882 in cases where possession is in part performance but the agreement to sell is unregistered under Section 17(1A) and Section 49 of the Indian Registration Act, 1908?

What are the legal consequences of non-registration of an agreement to transfer immovable property for its admissibility as evidence and for granting or denying a decree for specific performance?

Judgment

1. This judgment shall dispose of two appeals, namely, RSA No. 243 of 2009 titled as "Sh. Gurbachan Singh v. Sh. Raghubir Singh" arising out of the Civil Suit No.47-C of 2004 filed by the plaintiff/respondent seeking decree for specific performance of contract and RSA No. No. 244 of 2009 titled as "Sh. Gurbachan Singh v. Sh. Raghubir Singh", arising out of the Civil Suit No. 1122-C of 2004 filed by the plaintiff/ appellant seeking decree for permanent injunction.

2. The facts of Civil Suit No. 47-C of 2004 are that on 25.4.2003, defendant/appellant (Gurbachan Singh), who is the seller entered into an agreement to sell dated 25.4.2003 of land measuring 34 Kanals 8 Marias situated in village Bhavdeen, Tahsil and District Sirsa with Raghubir Singh (Purchaser) at the rate of Rs. 1,35,000/- per acre for a total sale consideration of Rs.5,80,500/- and received a sum of Rs.3,00,000/- as earnest money. The date for registration of the sale deed was fixed as 26.4.2004. The actual physical possession of the suit land was handed over, at the spot, to the plaintiff/respondent at the time of agreement. It is provided in the agreement to sell that in case the seller fails in executing th

Click Here to Read the rest of this document

2009 Supreme(P&H) 2151

RAKESH KUMAR JAINGurbachan Singh – AppellantVersusRaghubir Singh – Respondent

What is the effect of an unregistered agreement to sell on entitlement to specific performance under Indian law?

What is the application of Section 53-A of the Transfer of Property Act, 1882 in cases where possession is in part performance but the agreement to sell is unregistered under Section 17(1A) and Section 49 of the Indian Registration Act, 1908?

What are the legal consequences of non-registration of an agreement to transfer immovable property for its admissibility as evidence and for granting or denying a decree for specific performance?

Cases Referred (2)

RAKESH KUMAR JAIN
Gurbachan Singh – Appellant
Versus
Raghubir Singh – Respondent