Amitava Lala, J. - (1.) Case Crime No. 843 of 2005, under Sections 420, 467,468, 469 & 471 I.P.C., Police Station Sehani Gate, Ghaziabad District Ghaziabad has been registered in the first information report (hereinafter referred to as the 'F.I.R.'). The factual position is that the petitioner no. 2 being the representative of the oompany-petitioner no. 1 entered into an agreement for sale with the vendor and their names are also available in the F.I.R. According to the learned Government Advocate and it appears from the F.I.R. that the vendor was not entitled to enter upon in such agreement. The F.I.R. has been lodged for the simple reason that the property belongs to a person of schedule caste and Section 157-A of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 is applicable in such case in any event, last part of Section 54 of the Transfer of property Act, 1882 speaks as follows:Contract for sale. A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property.
(2.) Therefore, as; yet no right has been accrued in favour of although they are in physical possession of the land. The petitioners have given an undertaking before this Court that they will not convert the property in Any manner whatsoever nor any construction will start on such land without any permissible sale-deed in accordance with law. The petitioner no. 3 is Director of the Company. He is not the signatory to the aforesaid agreement. The petitioner no. 1 is the company itself.
(3.) The balancing factors of the aforesaid circumstances as well as first information report speak that responsibility of the vendor lies much more than the petitioners in such type of dispute. He is supposed to give all the materials before the tentative purchaser before entering upon any agreement, However, it is also not proper for any tentative purchaser not to search any document as regards the property before entering into any agreement.;