Property Sale Agreement Dispute

Summary

In a property sale dispute, the primary issue is the execution and enforceability of the sale agreement, not the propertys condition, possession, or market value. The plaintiff must prove the agreements execution with credible evidence, as possession alone is insufficient. This involves presenting documentation, witness testimony, or other admissible evidence to establish the agreements validity. Without concrete proof, mere possession does not validate the alleged agreement.

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***.** In the instant case, no such factual controversy regarding the **physical condition**, **possession**, or **market value** of the property is under dispute. The parties have not raised any issue which necessitates a physical inspection or investigation of the suit property by a commissioner. The sole controversy is the alleged execution and enforceability of the agreement to sell, which is to be proved by the plaintiff through evidence in accordance with the law of evidence. Even if the possession is established even than the parties are required to prove the execution of said agreement. Without prove of execution of agreement mere possession not to prove the execution of alleged agreement. re write with legal analysis
In this case, there are no disputes about the property's physical condition, possession, or market value, eliminating the need for a commissioner’s inspection. The core issue is the execution and enforceability of the sale agreement. The plaintiff must prove the agreement's execution with evidence, as possession alone doesn't establish it.
re write in detail
Certainly! Here's a detailed rewrite with legal analysis:
In the current legal scenario, the primary focus is on the execution and enforceability of a sale agreement, rather than disputes over the property's physical condition, possession, or market value. Since no factual discrepancies have been raised regarding these aspects, the requirement for a commissioner's inspection or investigation is deemed unnecessary.
The central issue revolves around the alleged execution of the sale agreement. According to the principles of the law of evidence, the burden of proof lies with the plaintiff to substantiate the claim that the agreement was indeed executed. This entails presenting credible evidence that establishes the existence and validity of the agreement.
Possession of the property, while potentially relevant, is insufficient on its own to prove the execution of the agreement. The plaintiff must provide evidence that directly supports the claim that both parties intended to enter into a binding sale agreement. This might include documentation, witness testimony, or other admissible forms of evidence that corroborate the agreement's execution.
In summary, without concrete proof of the agreement's execution, the mere fact of possession does not suffice to validate the alleged agreement. The plaintiff's ability to produce substantial evidence is crucial in determining the outcome of the case.