other words,
there was heavy burden on the defendant to prove
execution of the said agreement of sale. Coupled with
this fact, yet another glaring ... respectively. Here is not even a whisper with
regard to execution of said agreement of sale. If really
such an agreement of sale had been
error has been committed by the trial court in
holding that the execution of Ex.D/3 is not proved and protection ... making out the defence
of part performance to an action in ejectment by the owner
are:
[1] that the transferor has contracted to transfer
suit for specific
performance of agreement to sell, till the execution of a conveyance deed in pursuance to the
decree, if any, in favour ... legal defence available to the petitioner in the suit for ejectment. If that be so, there is no
common question involved in the previously instituted
rights interest in the suit property. Definitely after payment of
consideration and execution of the said documents atleast an interest is
transferred in favour ... seeking the relief of possession or upon which respondent can seek
ejectment. Needless to say that the adversary of the respondent is not the
original
Municipal Corporation Ujjain vs M/S Bachhraj Factory on 7 February, 2018
First Appeal No
( vs M/S. Sevoke Properties Pvt. Ltd on 14 November, 2018
Author: Biswajit Basu
Bench
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Author
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IN THE COURT OF
Smt. Shanti Devi vs Sh. Nanhe Lal Chaurasia on 5 October, 2018
IN THE COURT
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IN THE COURT OF
