BHAGWAT KUMAR SETH Vs. CHARAN JIT KAUR

JUDGEMENT

(1.) Vida sale deed executed by the petitioner with the respondents one chaunk of land was sold. The defendants-respondents were to develop a colony on the said land. On the same day an agreement was executed by the respondents with the petitioner that after the development of the colony and before affecting any sale of the said plot 1000 sq. yards shall be sold to the petitioner. The said agreement to sale and the sale deed were executed on 17.7.2002. The property was situated at Pilibhit Bisalpur Road, Vasundhara Colony, Village Pakariya Naugawan Tensil and District Pilibhit.

(2.) Plaintiffs had filed a suit seeking enforcement of agreement dated 17.7.2002 and along with suit an application under Order 39 Rules 1 and 2. Trial Court was filed. Trial Court after hearing the parties directed the respondents-defendants that out of the said land 1000 sq. yards of the land shall not be sold. Aggrieved by this order an appeal was preferred before the Appellate Court. Appellate Court while hearing the parties allowed the appeal on the ground that the document which is construed to be an agreement to sale is not registered as provided under Section 17 of the Registration Act.

(3.) Finding has been recorded that in absence of registration this document cannot be admitted in evidence as such the order of the Trial Court was set aside on this ground.