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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Deependra Chauhan – Appellant
Versus
Phool Kumari Chauhan – Respondent
| Table of Content |
|---|
| 1. revisiting suit facts regarding property ownership. (Para 2) |
| 2. arguments over agreements to sell and co-ownership. (Para 3 , 4) |
| 3. legal interpretation of sales and property rights. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
1. This revision has been filed challenging the judgment and order dated 29.08.2023 passed by Civil Judge (Senior Division) Gautam Buddh Nagar in Original Suit No. 347 of 2020 (Deependra Chauhan Vs. Phool Kumari Chauhan and others), allowing an application filed by respondent Nos. 4 and 5 under Order I Rule 10 of C.P.C. being paper No. 57 Ga-2.
3. It has also been contended by counsel for the revisionist that court below has erred in law in allowing the application filed by respondent Nos. 4 and 5 on the basis of an agreement to sell executed in their favour by respondent No. 1 as the agreement to sell does not confer any title on the parties. At the best, holder of an agreement to sell is entitled for specific performance of the agreement. It has been further contended that NOIDA Authority has refused permission to execute the sale deed of the property in dispute by order dated 14.06.2023. It has also been contended that respondent No.
An agreement to sell does not create property rights; it requires a registered sale deed for actual ownership transfer, affecting party additions in legal disputes.
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
The doctrine of lis pendens overrides the rights of bona fide purchasers when they acquire property during pending litigation concerning the same property, as established by case law.
A minor cannot seek partition of property post valid family partition among ancestors as it lacks legal foundation under Section 8 of the Hindu Succession Act.
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....
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....
The Court emphasized the importance of summary determination of questions under Rule 101 of Order XXI of the C.P.C. and the applicability of Section 52 of the Transfer of Property Act. It also clarif....
Subsequent purchasers cannot assert defenses of the original vendor without seeking leave under Order 22 Rule 10 of CPC, especially when the original sale deeds have been canceled.
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