Aash Mohammad vs Smt. Somti

Rakesh Kumar Garg, J.—The Appellant Aash Mohammad has filed this appeal challenging the order dated 18.1.2011 passed by the

Reference Court, whereby, his application for apportionment of compensation has been rejected.

Counsel for the Appellant has contended that on the basis of the agreement to sell dated 27.9.2005, the Appellant has become owner of the suit

property and, therefore, he was entitled for apportionment and, thus, the impugned order directing simple refund of the earnest money of Rs.

20,000/-was bad in law in view of the fact that the suit (civil suit No. 18 dated 7.1.2006) for determination of his rights is already pending before

the Court of Additional Civil Judge (Sr.Divn.) Nuh.

Admittedly, the agreement to sell in question is not a document of title. May be on the basis of the aforesaid document, the Appellant is entitled

to seek determination of his rights against the Respondent by way of the suit pending between the parties, but on the basis of the said agreement,

which has become unenforceable by operation of law, he cannot claim title in the suit property and consequently, the apportionment in the

compensation.

In view of the aforesaid, finding No. merit in the petition, the same is hereby dismissed.