Law: Transfer of Property Act, 1882

Section: 54

Law: Specific Relief Act, 1877

Section: 12

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---Agreement to sell immoveable property---Caption of agreement, relevancy of---Intention of parties, determination of---When considering intention of the parties it was the body of the document and not its caption, which was considered---Court had to judge the document keeping in view the whole facts, the pleadings, the evidence produced by the parties and evaluate the matter in the light of the codified law as well as the principles of interpretation of statutes and the law declared by the superior Courts. (b) Evidence--- ----Documentary evidence could not be negated by oral evidence. (c) Transfer of Property Act (IV of 1882)--- ----S. 54---Agreement to sell immoveable property---Payment of token money---Token receipt document---Interpretation---Whether token receipt document amounted to a contract/agreement to sell---Case pleaded by the plaintiff was that the defendants agreed to sell the suit property in his favour through the receipt of token money; that the terms of the token receipt document mentioned that the same terms were to be written on the requisite stamp paper---Defendants contended that they did not agree to sell the property in favour of the plaintiff and agreement was yet to be written---Held, that perusal of the token receipt document ('the document') showed that it was an agreement to sell; that its plain language amounted to a contract when offer, acceptance, the detail of property, the full consideration amount, the mode of payment, the period of payment, amount of earnest money and the receipt thereof were admitted facts---Sentence within the said document ( ) indicated the intention of parties that same (terms) would be written on the stamp paper---Even in the pleadings as well as in the oral evidence or through any other document no case had even been introduced by the defendants that there were any other terms of the agreement except mentioned in the token receipt. The Interpretation of Contracts by Sir Kim Lewison, A Lord Justice of Appeal, 5th Edn. and The Law of Contract by Sir Guenter Treitel, Q.C., D.C.L., F.B.A. ref. (d) Transfer of Property Act (IV of 1882)--- ----S.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492