Delhi High Court Restores Suit, Holds Unregistered Agreement to Sell Can Form Basis for Specific Performance

Case Snapshot

Case Name: Dharmendra Singh & Anr. v. Fazlu Rehman

Citation / Neutral Citation: 2026:DHC:7603-DB / CNR No. DLHC010256322023

High Court: High Court of Delhi

Bench: Hon'ble Mr. Justice Anil Kshetarpal and Hon'ble Ms. Justice Shail Jain

Date of Judgment: 8th September, 2026

Area of Law: Specific Performance, Stamp Act, Registration Act, Property Law, Civil Procedure Code

Judgment Headline

Suit for specific performance restored; unregistered agreement admissible despite stamp deficiency.

The Judgment in One Line

Delhi High Court sets aside rejection of plaint, holding unregistered Agreement to Sell can form basis of suit for specific performance and stamp deficiency is curable.

Why This Judgment Matters

This judgment clarifies the distinction between the admissibility of an unregistered Agreement to Sell in a suit for specific performance versus its use for claiming protection under Section 53-A of the Transfer of Property Act. It establishes that while an unregistered agreement cannot be used for part-performance protection, the proviso to Section 49 of the Registration Act expressly permits it as proof of a contract in a spec

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