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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Sayed Rashid Ahmed, son of late Sayed Samsuddin – Appellant
Versus
Abdul Quadir, son of Mohammad Sabbir – Respondent
| Table of Content |
|---|
| 1. second appeal against affirmed specific performance decree. (Para 1 , 2 , 3 , 5 , 6) |
| 2. unregistered sale agreement inadmissible under registration act. (Para 4) |
| 3. section 17(1a) applies only to part performance claims. (Para 7 , 8 , 9 , 10) |
| 4. no substantial question of law; appeal dismissed. (Para 11 , 12) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1 Heard the learned counsel appearing on behalf of the appellant.
2. This appeal has been filed against the judgement and decree dated 30.06.2023 (decree signed on 07.07.2023) passed by learned District Judge IV East Singhbhum, Jamshedpur, whereby Civil Appeal No.100 of 2020 has been dismissed and the judgement and decree dated 19.08.2013 (decree signed on 26.08.2013) passed by learned Civil Judge (Senior Division) at Jamshedpur in Title Suit No.115 of 2002 has been upheld.
3. The suit for specific performance of contract was decreed and the learned 1st appellate court has affirmed the judgement passed bythe learned trial court.
4. The learned counsel for the appellant while assailing the impugned judgement has submitted that only one question of law arises in this case, that the agreement of sale dated 05.03.2002 was notcapable
Unregistered agreement of sale is admissible in suit for specific performance; Section 17(1A) Registration Act applies only to part performance protection under Section 53A TP Act, not to enforcement....
A suit for specific performance necessitates the plaintiff's readiness to fulfill obligations, while unregistered documents cannot substantiate ownership rights unless properly admitted as evidence.
A sale agreement, despite being unregistered, can be the basis for an order of specific performance under the Registration Act, as legislative provisions exempt such cases from strict registration re....
An unregistered sale agreement can still be used to seek specific performance despite non-registration due to exceptions allowed under the law.
The main legal point established in the judgment is the applicability of registration requirements under Section 17(1A) of the Indian Registration Act, 1908 and the limitations on filing a suit for s....
(1) Registration of document is not sine qua non for receiving the same as evidence of a contract in a suit for specific performance.(2) Plaintiff can very well make alternative prayer in a suit for ....
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