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KRISHNA RAO
Helios Diagnostic & Health Care Pvt. Ltd. – Appellant
Versus
Anirban Pal Chaudhury – Respondent
JUDGMENT :
(Krishna Rao, J.) :
1. The plaintiff has filed the present application being G.A. No. 2 of 2023 in C.S. No. 162 of 2022 praying for an order of injunction. The Principal Director of the plaintiff company, namely, Dr. Saumabha Dasgupta and the defendant no.1 being the close friends decided to set up a diagnostic center in the suit property belonging to the defendant no.1 and accordingly on 1st March, 2007, the defendant no.1 had entered into a Tenancy Agreement with the plaintiff with respect to the suit property upon payment of monthly rent.
2. The defendant no.1 obtained a Cash Credit Loan of Rs.44,00,000/-from the State Bank of India, Bhupen Bose Avenue Branch by keeping the suit property as collateral security to the bank and when the defendant no.1 was not in a position to repay the loan, the defendant no. 1 was in search of a purchaser who can purchase the property and out of the said consideration money, the defendant no.1 can liquidate the loan amount.
3. When the plaintiff came to know about the same, the plaintiff approached the defendant no.1 to purchase the suit property for a total consideration amount of Rs.1,10,00,000/-subject to the terms and conditions th
The court affirmed that a party fulfilling contractual obligations is entitled to protection against actions that undermine their rights, particularly under the Transfer of Property Act.
The court held that a sale deed remains valid despite non-payment of consideration, affirming ownership rests with the purchaser as per registered transaction under the Transfer of Property Act.
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
The court emphasized the importance of proving continuous readiness and willingness to perform the contract, and the need to disclose financial capacity to fulfill payment obligations.
The main legal point established in the judgment is that the validity of a property transaction during the pendency of a suit is subject to the outcome of the suit, and the Court may grant injunction....
Court ruled that unregistered sale agreements cannot invoke Section 53-A of the Transfer of Property Act, emphasizing the plaintiff's laches in seeking specific performance.
The plaintiff's lawful ownership and entitlement to recovery of possession were established, and the defendants' possession was found to be unlawful.
Point of law: Termination of lease - Default in payment of rent - Oral Agreement to sell - Prime property fetching a rent of Rs. 2,30,000/- per month cannot possibly be agreed to have been sold for a....
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