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Revankumar R. Gaikwad vs Bachchubhai P. Jethwa on 22 February, 2007
Smt. Manju Seth vs M/S Autolite (India) on 16 September, 2011
16. It is not disputed that respondent was inducted in the suit
property as a tenant by husband of petitioner no.1 and father of
petitioner nos. 2 and 3. Therefore, before proceeding further the court
has to see whether the oral agreement to sell allegedly entered into
between the original owner and the respondent has changed the
status of the respondent from tenant to owner or not. I have perused
the provisions of Sec. 53A and 54 of Transfer of Property Act. As per
Sec. 54 of Transfer of Property Act, any document which transfer any
right in immovable property of value of more than Rs.100/ is liable to
be compulsoly registered. Even as per Sec. 53 of Transfer of
Property Act, an agreement to sell must be in writing and shall be
signed by seller and purchaser. On this issue, I have relied upon the
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judgment of Hon'ble Bombay High Court reported as AIR 2007
Bombay 132 titled 'Revankumar R. Gaikwad vs. Bachchubhai P.
Jethwa', wherein the Hon'ble Bombay High Court has held that
"tenant cannot refuse to pay rent on the ground of agreement to sell
executed by owner in his favour because mere agreement of sale
does not create an interest in property and it cannot absolve him from
paying the rent.
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