An agreement to sell real estate does not confer ownership or property rights; a duly registered sale deed is necessary for transfer under the Transfer of Property Act.

ORDER :

G. S. Ahluwalia, J.

This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 12-09-2023 passed by District Judge Raghogarh, District Guna in RCA No. 78/2019, as well as judgment and decree dated 23-02-2018 passed by Civil Judge Class II, Raghogarh, District Guna in civil suit No. 31A/2016.

2. The appellants are the defendants who have lost their case from before both the courts below.

3. The facts necessary for disposal of the present appeal in short are that the plaintiff/respondent No.1 filed a suit for declaration of title, permanent injunction as well as for mesne profits by pleading inter alia that they are the exclusive owners and in possession of agricultural land bearing Survey No. 245/1/3, area 1.500 hectares. The aforesaid land is the disputed property. The defendants Nos.1 to 7 belong to the same family and they are rich neighboring agriculturists. With an intention to create a boundary dispute, they always try to harass the plaintiff by extending threats. The defendants had also cut multiple trees with an intention to create a dispute on the property. On 24-06-2016, at about 11:00 a.m., the defendants started claiming that they would cultivate the land. When it was objected by the plaintiff, then Bahadur Singh, Halkaiya, and Pran Singh started abusing them filthy. When the plaintiff objected to it, then the defendants were out and out to assault the plaintiff but the villagers somehow pacified the situation. Later on, the plaintiff lodged an FIR at Police Station Vijaypur, but on account of their good relationship with the police, no action was taken against defendants. Now the defendants are extending a threat that they would cut the standing crop of the plaintiff. Therefore, the suit was filed for declaration of title as well as for permanent injunction.

4. The suit was subsequently amended and it was pleaded that after the suit for declaration of title, permanent injunction and mesne profits was filed, the plaintiff and his wife along with three daughters-in-law were working in the field. At that time, defendant No. 1, Bahadur Singh, came on a tractor along with other defendants who were armed with lathi and farsa and started cultivating the land forcefully. When it was objected by the plaintiff, then they pushed the wife of the plaintiff and started extending threats that they would assault them and also started abusing them filthily. As the plaintiff, his wife, and three daughters-in-law were apprehensive of their lives, therefore, they somehow managed to save their lives and self-respect by managing to run away from the field. On the next day, they lodged an FIR but the police did not take any action. About two and a half months after the institution of the suit, the defendants, on the basis of a 17-year-old and illegal agreement to sell, have started claiming that they are in possession of the property in dispute from the year 1999 in the capacity of Bhumiswami, whereas the plaintiff had obtained the property in dispute on a government patta, and thus they did not have any right or title to alienate the property or to enter into an agreement with the defendants. The plaintiff had taken a loan from the father of the defendants and the said loan was also repaid by the plaintiff within a period of one year and had also got the possession back. Therefore, during the lifetime of Chintu Lal (father of defendants Nos.1 to 4 and grandfather of defendants Nos. 5 to 7), no action was taken for execution of the sale deed. Now the defendants, on the basis of a 17-year-old agreement to sell, are trying to grab the property of the plaintiff a