Following substantial question of law has been raised:

Case Laws December 27, 2024

"Whether a decree can be passed in a suit for specific performance of contract, based on a written agreement to sell that does not contain a stipulation regarding registration of a sale deed in respect of the immovable property forming subject matter of the sale?"

Held:

The finding of the Appellate Court below is flawed inasmuch as in terms of Section 55(1)(d) of the Transfer of Property Act, 1882 ("the Act"), the seller (predecessor of the respondents), in the absence of contract to the contrary, was bound to execute the proper conveyance deed and in the present case, there was no such contrary stipulation in the agreement, therefore, the said predecessor of respondents No.1(a) and 1(b) was obligated to execute a registered sale deed.