2022 CLC 908
Agreement to sell---Nature and scope---Agreement to sell, per se, would not create title/interest/charge on property, nor would it create ownership in land under the agreement---Person in whose favour such an agreement was made could not claim a decree of title---Such agreement would only create a right to obtain another document and did not require registration though containing acknowledgment of the receipt of earnest/part payment of the price---Decree giving title on the basis of such an agreement to sell was required to be recalled---Agreement to sell did not amount to actual transfer of any interest in the property, nor did it create any right/title/interest in immovable property---When a person was put into possession in part performance of the contract, he could use such document as a shield to protect his possession and not as a sword to claim the title---No declaration could be granted on the basis of agreement to sell except grant of decree for Specific performance
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