AMRUTBHAI NAZABHAI CHAVDA Vs. VALJIBHAI PALABHAI CHAVDA

JUDGEMENT

(1.) The present First Appeal has been filed by the Appellants - Original Defendants under Section 96 of the Code of Civil Procedure, 1908 challenging the impugned judgment and order passed in Special Civil Suit No.362 of 2007 by the learned Senior Civil Judge, Ahmedabad Rural at Mirzapur dated 30.7.2011 on the grounds stated in the memo of Appeal.

(2.) The Suit has been filed by the Respondent herein - Original Plaintiff and the same has been allowed regarding the specific performance of the agreement to sell / banakath.

(3.) The same has been assailed in the present First Appeal inter alia on the ground that the court below has failed to appreciate that the premises in question was given by the Appellants - Original Defendants for residential purpose and there was no such intention of sale. It is also contended that the Appellants have also filed Civil Suit No.403 of 2007 before the learned Civil Judge, Ahmedabad Rural praying for possession of the disputed property and the said Suit is pending. It is also contended that the agreement to sale is unregistered, and therefore, in view of the judgment N KHADERVALI SAHEB V/S N GUDU SAHIB, 2003 3 SCC 229 read with the provisions of Transfer of Property Act, 1882, if it is not registered, it has no value for the purpose of Section 53 of the Transfer of Property Act.