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2004 (1) TMI 372 - SUPREME COURTWhether the agreement to sell was for total consideration of Rs. 1 lac or Rs. 5 lacs ? Whether Sanchaita Investments had any title to the property before it could be called upon to execute a Conveyance Deed with respect to the property in favour of Biswajeet Ghosh or his nominee? Held that:- Appeal allowed. High Court in its impugned judgment has proceeded on wrong assumptions and most important question regarding title to the property was never gone into. Assuming Raja Mallo was an agent of Sanchaita Investments had entered into the agreement to sell with Sangeeta Chowdhury on behalf of the said firm, the title to property could not pass to Sanchaita Investments merely on basis of an agreement to sell. Title to immovable property of such value can pass only on the basis of a registered Deed of Conveyance. What right Sanchaita Investments had to further sell the property? These questions needed to be considered before Deed of Conveyance could be ordered to be executed. The objections to attachment of property filed on behalf of Sangeeta Chowdhury were rejected on technical grounds and were never considered on merits.
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