Monday, 1 February 2016

Oral agreement of sale is enforceable if there is consensus ad idem- Useful citation




Mohd. Abdul Hakeem (Died) Per Lrs. Vs. Naiyaz Ahmed and ors

Andhra Pradesh High Court
Decided On
Case NumberSA No. 1053 of 2002
Judge
Reported inAIR2004AP299; 2004(3)ALD501; 2004(3)ALT585; 2005(1)CTLJ97(AP)

 "It is the consensus ad idem between the parties which may have to be established for the purpose of enforcing a contract or an agreement of sale as well. It is also pertinent to note that a suit for specific performance can be maintained even on the strength of an oral agreement"

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In case of Agreements of sale in respect of open lands and no constructions are existing thereon, it is only Article 6(A) of Schedule 1(A) of the Indian Stamp Act, 1899, applies but not Article 6(B) of Schedule 1(A) of the Indian Stamp Act, 1899.

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