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RAJNESH OSWAL
Surinder Partap Singh – Appellant
Versus
Viay Kumar – Respondent
JUDGMENT :
1. The petitioners have filed the instant petition under Article 227 of the Constitution of India, thereby challenging the order dated 07.12.2022 passed by the Learned Principal District Judge, Samba (hereinafter referred to be as 'the appellate Court'), whereby Civil Miscellaneous appeal titled, 'Vijay Kumar & Anr. v. Surinder Partap & Anr.' was allowed and the order dated 24.11.2020 passed by the Learned Additional Munsiff, Samba (hereinafter referred to be as 'the trial Court') in an application under Order 39 Rule 1 & 2, read with Section 151 CPC, was set aside.
2. The petitioners had filed the suit for permanent prohibitory injunction against the respondents in respect of the land measuring 24 kanals 5 marlas comprising Khasra Nos. 136, 247, 248 min 249, 250, 204 situated at village Kathlai, District Samba on the ground that Respondent No. 3 being the attorney holder of other respondents had entered into an agreement to sell with them on 17.10.2018. Further, an amount of Rs. 3.00 lacs was paid to Respondent No. 3 by the petitioners and accordingly, the possession of the land was also delivered to them. As the respondents tried to occupy the suit property forcibly, the
The party seeking an injunction must prove a prima facie case to go for trial, and if failed, the balance of convenience and irreparable loss are not material.
The court emphasized that an unregistered agreement to sell lacks sufficient evidentiary value for establishing possession, and interim injunctions require a clear prima facie case.
A suit solely seeking relief of permanent injunction based on an unregistered agreement for sale without seeking any relief for specific performance is not maintainable.
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
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.
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
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