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SANGEETA CHANDRA
Amrendra Pratap Singh – Appellant
Versus
Anoop Kumar – Respondent
JUDGMENT :
Mrs. Sangeeta Chandra, J. - Heard Shri. Puneet Chandra, learned counsel for the petitioner and Shri. Mohammad Ehtesham Khan, learned counsel for the respondent nos.1 and 2. The opposite party nos.3 and 4 are proforma respondents, hence there is no need to issue notice to them.
2. This petition has been filed with a prayer to set aside the impugned judgment and order dated 25.11.2023 passed by the District Judge, Ayodhya (Faizabad) in Misc. Civil Appeal No. 73 of 2015, Anoop Kumar and others v. Shital Das and others, contained as Annexure no.1 to the petition.
3. Learned counsel for the petitioner has argued that a suit for specific performance was filed by the opposite party nos. 1 and 2 with regard to certain land situated in village Kot Saray, Pargana Magalsi, Tehsil Sadar, District Ayodhya. The respondent nos.3 and 4 had executed unregistered agreement to sale on 22.10.1986 in favour of respondent nos. 1 and 2. Since the respondent no.4 was minor at the time of execution of such agreement to sale, it was recorded in such agreement that when permission is granted by the appropriate authority then actual sale deed shall be made out. Consolidation proceedings were initiated
A registered sale deed executed after full consideration cannot be challenged by a suit for specific performance without first seeking its cancellation.
(1) Agreement to Sell – Only a valid and enforceable contract can be ordered to be specifically performed.(2) Agreement to Sell – Court is not bound to order specific performance even if it is lawful....
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
The court ruled that the rejection of the plaint was erroneous as it did not consider the merits of the case, emphasizing that the issue of limitation is a mixed question of law and fact.
The agreements of sale and corresponding deed were valid, with the court confirming that allegations of fraud were not substantiated.
A contract for land sale is unenforceable if executed in violation of statutory provisions, particularly when involving multiple co-owners without their consent.
Agreement to sell – A person who is not entitled to transfer any land agreement of same cannot be executed and consequently no specific performance of same can be enforced to execute sale deed.
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