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    <title>2017 (4) TMI 1395 - DELHI HIGH COURT</title>
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    <description>An unregistered agreement to sell can still be relied upon as the foundation of a suit for specific performance, because Section 49 of the Registration Act permits its use for that purpose even though it cannot support a claim to part performance under Section 53A of the Transfer of Property Act after amendment. The court also found no substantial question of law for second appeal under Section 100 CPC, since the challenge that the document was not a contract was neither pleaded nor decided below and the courts had recorded concurrent findings on the evidence. The decree for specific performance was therefore left undisturbed.</description>
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      <description>An unregistered agreement to sell can still be relied upon as the foundation of a suit for specific performance, because Section 49 of the Registration Act permits its use for that purpose even though it cannot support a claim to part performance under Section 53A of the Transfer of Property Act after amendment. The court also found no substantial question of law for second appeal under Section 100 CPC, since the challenge that the document was not a contract was neither pleaded nor decided below and the courts had recorded concurrent findings on the evidence. The decree for specific performance was therefore left undisturbed.</description>
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      <pubDate>Wed, 26 Apr 2017 00:00:00 +0530</pubDate>
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