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1 - 5 of 5 (0.21 seconds)Section 53A in The Transfer Of Property Act, 1882 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Gurbachan Singh vs Raghubir Singh on 10 December, 2009
6. Learned counsel for the appellant/defendant relied upon a
judgment of a learned Single Judge of the Punjab and Haryana High
Court in the case of Gurbachan Singh Vs. Raghubir Singh, AIR 2010
P&H 77 to argue that an unregisterd agreement to sell cannot be a
basis for a suit for specific performance, however, with utmost respect
and humility to the learned Single Judge, I cannot agree with the ratio
of the judgment because the ratio of the judgment is against the direct
RSA No. 125/2017 Page 4 of 6
and categorical language of Section 49 of the Registration Act which
permits an unregistered agreement to sell for being looked into as a
basis in a suit seeking specific performance. An unregistered
agreement to sell cannot be used only if the same is sought to be used
as one for seeking benefit of Section 53A of the Transfer of Property
Act containing the doctrine of part performance, however, once, the
unregistered agreement to sell is not used for seeking benefit of the
doctrine of part performance under Section 53A of the Transfer of
Property Act, then by virtue of Section 49 of the Registration Act,
surely a suit for specific performance will lie on the basis of
unregistered agreement to sell.
The Code of Civil Procedure, 1908
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