2023 (11) TMI 1459

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt-respondent was allowed, and the suit for specific performance of contract filed by the appellant was dismissed. 2. On 28.05.1990, the appellant and the respondents entered into an agreement to sell, in which the property in question was to be sold for Rs. 23,000/-, and the entire sale consideration was paid before the execution of the Agreement to Sell, and possession of the property in question was also handed over to the appellant. It was also agreed that from the time of execution of the Agreement to Sell, the respondents would have no rights left and it would be the appellant who would have all the rights over the property in question. However, due to the prohibition on registration of the sale deed, it was stipulated that the sal....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uit. The Trial Court primarily based its decision on the finding that the execution of the Agreement to Sell was doubtful. It also held that the suit was filed beyond the period of limitation. 5. The Regular First Appeal, preferred by the appellant, was allowed vide judgement dated 14.01.2008. The First Appellate Court held that the suit was within the limitation period, and the appellant had proved the execution of the Agreement to Sell. There was no inconsistency in the evidence of appellant's witnesses (PW1-PW3). The respondent no.1, who was examined as DW1, admitted during the cross-examination that he had executed the Agreement to Sell and had put his signatures thereon. On such findings, the First Appeal was allowed, and the suit w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was that he never executed the Agreement to Sell. However, in his deposition during the cross-examination, he admitted to his signatures on the Agreement to Sell. Thus, in the absence of any issue framed, and given that neither party has pleaded any violation of Section 5 of the Fragmentation Act, the High Court apparently fell in error in holding that Agreement to Sell was in violation of Section 5 of the Fragmentation Act. 9. Section 5 of the Fragmentation Act reads as under: - 5: Sale, Lease, etc:- (1) (a) No person shall sell any fragment in respect of which a notice has been given under subsection (2) of Section 4, except in accordance with the provisions of clause (b). [(b) Subject to the provisions of S....