… However, in accordance with Section 17, paragraph 1, point a), of the Registration Act of 1908, this allegation is unrescribed, since an unregistered sales agreement … Arguing that an unregant agreement for sale may not be a basis for legal action for certain services, but with the utmost respect and humility towards the judge alone scholarly, I can not… as the basis for a legal action to obtain a certain benefit. An unreged sales agreement can only be used if the… The provisions of Section 22 must also be taken into account when applying for appeal in cases where the applicant is not in possession of the land or land at issue. AFFAIRE 22: Although the contract does not provide a provision for a specified benefit, the Tribunal may direct a benefit determined by the seller: the Supreme Court found that the complainant submitted documents during the trial before the Tribunal indicating that the value of the property was six lakhs and thirty thousand rupees on November 20, 2006. The applicant also recorded in the minutes a document indicating the value of the property as of April 1, 1999. The Supreme Court found that, although the above aspects were taken into account by the Tribunal and the first Court of Appeal, they were not accepted, while granting discharge of a certain benefit in favour of the respondent. The Supreme Court found that the contractual terms, the conduct of the parties at the time the contract was concluded and the circumstances in which the contract was entered into gave the respondent an unfair advantage over the applicants, making it unfair to impose the exemption from the special benefit. Given that the complainant proposed to pay ten lakhs as compensation instead of a certain benefit, the Supreme Court found that the payment of an 15-lakh rupee award would meet the objectives of justice. With the exception of those mentioned above, the following should also be taken into account, while action is under way for the delivery.
Even if the contract does not provide a provision for a defined benefit, the court may direct a benefit determined by the seller when a violation is found. But the court has the opportunity, under section 21 of the act, to award damages if it concludes that this is not an appropriate case for the award of certain benefits. (a) possession or division and separate ownership of the property, in addition to this benefit; or…. Ownership of the land in the dispute was delivered to the plaintiff at the time of the sale of the agreement. The appeal for the specific execution of the agreement not registered to…) 8 Jasvir Singh 2013 (2) CPR (Civil) 780, finding that an appeal for a defined benefit on the basis of unregistered documents cannot be dismissed for failing to register the agreement … are themselves a contract to transfer ownership. In the Ram Kissan case (see above), the Departmental Bank of the Court of Justice decided that an appeal based on an unregant agreement … “The High Court unduly replaced the order for a defined benefit with an order to reimburse the consideration of sale, beyond the serious money of Rule 2, 00,000/- to the holder of the order. The reasons weighed by the High Court and its final directions are untenable. In a civil review resulting from an enforcement procedure, the High Court amended the decree. Such a course was not legally open. The SC stated that “if the literal interpretation rule is adopted to interpret paragraph 14, paragraph 3, point c) (iii), it would lead to a situation in which a lawsuit for a defined benefit could only be brought against a developer at the request of the owner, thereby denying the developer the benefit of the provision despite an interest in the property.
25. The following remarks of the Privy Council are appropriate: (Jamsetji case , SCC OnLine PC) “20.