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M. A. CHOWDHARY
Ghulam Mohammad Matoo (since dead) (substituted by his LRs) – Appellant
Versus
Ghulam Rasool Sofi – Respondent
JUDGMENT
MA No.105/1999
The instant Civil 1st Appeal has been preferred by the appellant-Ghulam Mohd. Matoo, who has been substituted by his legal representatives after his death during the pendency of the Appeal, whereby the judgment and decree dated 23.07.1999 (for short ‘impugned judgment/decree’), passed by the learned Additional District Judge Srinagar (for short ‘the trial court’), in terms whereof the suit of the appellant titled ‘Ghulam Mohd. Matoo Vs. Ghulam Rasool Sofi & Ors.’, initially instituted before this Court on 03.05.1984 and later transferred to the trial court on 09.06.1989, was dismissed, is sought to be set aside.
2. For convenience, the parties before this Court as appellant and respondents shall be referred as ‘plaintiff’ and ‘defendants’, as per their status before the trial court.
3. The plaintiff instituted the suit for declaration of agreement to sell dated 19.10.1977 pertaining to the land measuring 05 kanals 06 marlas comprising of survey No. 438 min situated at Gulab Bagh Srinagar, as null and void, ineffective and unenforceable as against the rights of the plaintiff, with the prayer for grant of injunction for restraining the defendants from interfer
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....
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....
An unregistered agreement to sell immovable property does not confer ownership rights; registration is mandatory for valid transfer of title.
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 ....
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.
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.
An agreement to sell must have clear and certain terms regarding the property involved; uncertainty renders the agreement void and unenforceable under the Indian Contract Act.
(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....
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