Ram Babu Prasad v. Om Prakash

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.370 of 2016 ====================================================== Ram Babu Prasad .... .... Appellant/s

Versus

Om Prakash .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Madhurendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-08-2016 Heard learned counsel Mr. Madhurendra Kumar for the petitioner.

Perused the order dated 05.03.2016 passed in Title Suit No. 402 of 2010 by Sub Judge IX, Motihari, East Champaran whereby the learned court below rejected the application filed by the petitioner for dismissal of the suit for specific performance of contract on the ground that the agreement is unregistered agreement.

The Hon'ble Supreme Court in the case of Alka Bose Vs. Parmatma Devi & Ors. AIR 2009 Supreme Court 1527 has held that "all agreements of sale are bilateral contracts as promises are made by both, the vendor agreeing to sell and the purchaser agreeing to purchase. It cannot be said that unless agreement is signed by the vendor and purchaser, it is not a valid contract. Even an oral agreement to sell is valid. If so, a

Patna High Court C.Misc. No.370 of 2016 (2) dt.19-08-2016 2/2 written agreement signed by one of the parties, if it is evidences such an oral agreement will also be valid. Moreover, in India an agreement of sale signed by the vendor alone and delivered to the purchaser and accepted by purchaser, has always been considered to be a valid contract."

In view of the above settled proposition of law, in my opinion, learned court below has rightly rejected the application filed by the petitioner.

Thus, this Civil Miscellaneous Application is dismissed.

(Mungeshwar Sahoo, J) ajaypd./- U