TMI Blog2017 (4) TMI 1395X X X X Extracts X X X X X X X X Extracts X X X X ..... mentions the parties to a contract as also the entire sale consideration besides the mode and manner of payment with the balance payment liable to be made at the time of transfer of the title documents, and hence is a contract as required by law. No substantial question of law arises - appeal dismissed. - RSA No. 125/2017 - - - Dated:- 26-4-2017 - HON'BLE MR. JUSTICE VALMIKI J.MEHTA For the Appellant : Mr. Ankur Bansal, Advocate ORDER VALMIKI J. MEHTA, J (ORAL) C.M. Appl. No. 15491/2017 (for exemption) Exemption allowed, subject to all just exceptions. C.M. stands disposed of. RSA No. 125/2017 and C.M. Appl. No. 15490/2017 (for stay) 1. This Regular Second Appeal filed under Section 100 of the Code of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he courts below have, in my opinion, arrived at the correct conclusions and findings for decreeing of the subject suit for specific performance, and such valid conclusions drawn are as under:- (i) The written statement shows that there is no specific denial by the appellant/defendant of his signatures on the receipt-cum-agreement to sell dated 22.1.2002 and the appellant/defendant only denied having executed the documents. This aspect is to be taken with the fact that the appellant/defendant was given an opportunity to furnish his specimen signatures in his UCO Bank account so that the signatures can be sent to the handwriting expert but the appellant/defendant failed to give the specimen signatures. The appellant/defendant also failed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant/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 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 Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
