Document Fragment View
Fragment Information
Showing contexts for: valid agreement in Vijay Gupta vs Gursharan Singh Sandhu on 17 April, 2018Matching Fragments
34. Further it is not mentioned in the agreement what permissions were to be obtained by seller and from which authorities. The agreement is silent on this aspect also. In view of above, defendant no.1 has been able to prove that the said receipt does not constitute a valid agreement between the parties.
35. Though it is correct that in all the cases it is not required that an agreement to sell has to be signed by both the parties but if the receipt is considered in the present case, it was signed by defendant no.1. One of the essential requirement of the contract is that it must bind both the parties. The effect of non signing of the receipt on the part of the plaintiff is that it does not bind plaintiff. On the basis of this receipt, it was not obligatory on the part of plaintiff to go ahead with the contract as he himself had not signed it. Hence it does not bind plaintiff. Hence, equity demands that specific performance should not be granted in favour of the plaintiff as this receipt/agreement does not bind plaintiff.
39. It is the argument of plaintiff that said receipt is a valid agreement to sell between the parties for the following reasons I. There is no requirement for a concluded contract to be signed by both the parties and Court to presume that it is a valid contract. II. A 'specific averment' that plaintiff was ready and willing to perform his part of the contract was sufficient and no need to 'prove' the same. III. Even if time is not specifically mentioned in the agreement, Court is to presume that there was an oral agreement between the parties that it was to be executed within two months or such other reasonable time, as per the plaint. IV. Court to presume that plaintiff was not informed about the coowners. V. Defendant no.1 was to obtain permission of concerned authorities and Court to presume that it was defendant no.1 who failed to obtain permission and hence frustrated the contract.
Issue No.1 Whether the receipt dated 27th March, 2004 relied upon by the plaintiff constitutes a valid agreement to sell qua which a decree for specific performance may be passed? OPD.
41. In view of above discussion, it is hereby held that the said receipt does not constitute a valid agreement to sell qua which a decree for specific performance may be asked. Hence, the onus of issue no.1 is duly discharged by defendants and the said issue is answered in favour of defendants and hereby held that receipt is not a valid agreement to sell.
45. As far as argument that defendant no.1 has written in his written statement that he is willing to execute his part of the contract, it is denied by defendant no.1 in his crossexamination thereby saying that he is not willing to perform his part of the contract. It is further the argument of ld. Counsel for defendant no.1 that as the receipt dated 27.03.2004 was never intended to be agreement to sell and rather it was mere receipt, hence defendant no.1 is not willing to perform his part of the contract. As has already been held that the said receipt is not a valid 'agreement to sell', defendant no.1 cannot be compelled to enter into a specific performance of the said contract.