Back
KUMKUM RANI, B. S. MANRAL
Rakhi Mahendra – Appellant
Versus
Subhash Traders and Contractors – Respondent
ORDER
Kumkum Rani, President.—Disposal of Preliminary Objections (paper No. 35) filed by the opposite party regarding maintainability of consumer complaint.
Preliminary objection (paper No. 35) alongwith affidavit has been submitted on behalf of the opposite party alleging that in para No. 5 of the complaint case the complainant has alleged agreement for sale dated 26.02.2011 is not sufficiently stamped and not registered as per provisions of the Registration Act, hence the said agreement is not admissible and enforceable and on the basis of unregistered and insufficiently stamped agreement, the complainant has no legal right to enforce the same for execution of the sale deed under law, hence the said complaint is not legally maintainable. It is further alleged in the preliminary objection that the alleged dispute under the complaint is regarding enforcement of the agreement for which suit for specific performance of the agreement is maintainable. But to frustrate the mandatory provisions of the Indian Stamp Act, Indian Registration Act, Court Fees Act and Specific Relief Act the present complaint is being filed. In the present matter, there is no deficiency in service, therefore,
Suit for Specific performance of agreement for sale not maintainable before Consumer Fora/Commission.
The court affirmed that ownership transfer must occur before financial obligations arise, and established consumer rights based on livelihood motivations in property transactions.
The main legal point established in the judgment is that reliance on an unregistered document and failure to seek necessary reliefs can render a suit not maintainable.
An unregistered agreement to sell cannot serve as a basis for injunctive relief against a true owner of property, reflecting the necessity of registration under relevant laws.
(1) Breach – A beach of conveying a property with a non-existent title occurred in 1984 itself.(2) Delivery of Possession – There was no delivery of possession nor is there anything to indicate that ....
An unregistered agreement to sell immovable property is inadmissible in evidence and cannot confer rights unless registered, as per the Registration Act.
An unregistered agreement for sale can be enforced for specific performance, and a rise in property prices alone does not justify denying such relief if the purchaser is ready and willing to perform.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
