SAKUNTALA DEVI Vs. HARDEO RAI

JUDGEMENT

(1.) 1. There . must be three "Ps" in order to constitute an agreement for sale. The first P. represents the parties, who must be identified. The second P. represents the property, which must be specified. The third P. represents the ascertained price, agreed to be paid.

(2.) EVERY agreement, however, is not a contract. In order to be a contract, the consideration or object of the agreement must be lawful. If the object of the agreement is to cause injury to the person or property of another, the agreement does not become a contract.

(3.) IN the instant case there is an agreement in writing which admittedly contains the left hand thumb impression of the defendant. It records that the property agreed to be sold thereby has been obtained by the defendant on the basis of a family settlement, interse the members of the joint family, to which the defendant belongs. The consideration as fixed was Rs. 25,000/- and it acknowledged that a sum of Rs. 16,000/- has been paid as earnest.