Case Name : Suraj Lamp & Industries Pvt Ltd vs State of Haryana & Anr Case Reference: (2011) 11 SCR 848 Case Number: SLP (C) No 13917/2009 Court: Supreme Court Bench: 03 Coram: RV Raveendran (Author). AK Patnaik, HL Gokhale Date: 11.10.2011
Any contract of sale (agreement to sell) which is not a registered deed of conveyance (deed of sale) would fall short of the requirements of ToPA - Section 54, ToPA, Section 55 and will not confer any title nor transfer any interest in an immovable property (except to the limited right granted under ToPA - Section 53A). According to TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of TP Act enacts that sale of immoveable property can be made only by a registered instrument and an agreement of sale does not create any interest or charge on its subject E matter.
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Suraj Lamp & Industries Pvt Ltd vs State of Haryana, (2011) 11 SCR 848.pdf