- (1.) This writ petition has been filed with a prayer that allotment of disputed land to respondent no.4 and agreement to sale executed on 31.01.2012 be quashed and respondents be restrained from taking possession of disputed land.
(2.) Acquisition notifications were already challenged by petitioners in Writ Petition No. 56588 of 2006 which has been decided by the judgment dated 09.09.2016 in Writ Petition no. 4986 of 2005 (Hatam Singh and others Vs. State of U.P. and others) and 29 other connected matters. So far as allotment and agreement to sale by GDA to respondent-4 is concerned mere agreement to sale does not confer any title upon proposed vendee.
(3.) The agreement for sale or contract for sale, by itself is not an instrument giving effect to sale of immovable property. The title to property agreed to be sold continued to vests in the vendor, in case of agreement for sale, but in case of sale, title or property vests with purchaser. In other words an agreement for sale is an executory contract whereas sale is an executed contract. An agreement for sale does not create an interest in the proposed vendee in the suit property but only creates an enforceable right in parties. An agreement for sale of property, and promise to transfer the property convey the same meaning and effect in law. A promise to transfer property is an agreement for sale of property.;