Unregistered Agreement And Specific Performance

… Gurbachan Singh… v. Raghubir Singh…. (2010) 5 CPR (Civil) 737, when the applicant provided the benefit on the basis of an unregated agreement relating to … are not very controversial. The applicant is in possession of the disputed property in part of the provision of the sale agreement, which was the basis of the legal action for a particular benefit… An appeal has been lodged for the adoption of a defined benefit on the basis of a sale agreement in which the applicant is already partly in the contract, but… Hon`ble Punjab-Haryana High Court dismissed the appeal and expressed a respectful rejection of Gurbachan Singh V. Raghubir Singh, where there is a dispute over the status of the Court of Appeal on the basis of an unregistered sales agreement with respect to Section 17 (1A) and Section 49 of the Registration Act.

Conflicts between two single bench judgments appeared in court. In the case of Gurbachan Singh V. Raghubir Singh,[6] the Hon`ble court ruled that the agreement reached by the delivery of the property is inadmissible for sale if it is not registered, but in the case of Birham Pal-Ors. V. Niranjan Singh – Golds. [7] the Court held that such an agreement may form the basis for an appeal for a defined benefit, on the basis of Section 49 of the Registration Act. These two cases are contradictory and are contrary to the legal status of two sections of the Indian Registration Act. 5. The fact that the plaintiff allowed Defendant No. 4 to continue his stay in that building as a tenant and, to the knowledge of the defendant who responded, a tenancy agreement between Sh. Rakesh Yadav and Sh. Kamlesh Chandra with the agreed rental price, 2800 times per month, was also executed.

Under Section 16 (c) of the Specific Relief Act of 1963, the applicant is not only required to verify his willingness and willingness to acquire ownership of the action throughout his submissions[9], but he is also required to demonstrate his availability and willingness to fulfill his share of contractual obligations throughout the appeal process. [10] iii. An unreged document could, at best, be used to prove the nature of the detention, but does not create any rights in favour of the lessor to sue as such for a period of one year or more.