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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
K. Jayapal – Appellant
Versus
Brij Khandelwal – Respondent
JUDGMENT :
S.SOUNTHAR, J.
These two appeals are filed challenging the fair and final order passed by the Trial Court in I.A.Nos.3 and 4 of 2024 in O.S.No.209 of 2024, whereunder the trial Court allowed the application for vacating interim injunction in I.A.No.4 of 2024 and dismissed the application seeking interim injunction in I.A.No.3 of 2024.
2. The appellant herein is the plaintiff in the main suit. He filed a suit for specific performance of sale agreement dated 06.01.2024 against the respondents 1 and 2. According to the appellant/plaintiff, the first respondent is the owner of the subject matter of the sale agreement. The appellant entered into a sale agreement with first respondent on 06.01.2024 agreeing to purchase the agreement mentioned property for sale consideration of Rs.1,82,00,000/-. It was pleaded that an amount of Rs.5,00,000/- was paid by the appellant to first respondent by way of cash on 30.12.2023. Further a sum of Rs.10,00,000/- was paid on 06.01.2024 to first respondent by the appellant by way of money transfer to his account. Again a further sum of Rs.5,00,000/- was paid by the appellant to first respondent on 08.01.2024 by way of cash. Therefore, according to
Unregistered agreements can be admissible in specific performance suits; timely legal action justified if one party attempts to alienate property.
(1) Registration of document is not sine qua non for receiving the same as evidence of a contract in a suit for specific performance.(2) Plaintiff can very well make alternative prayer in a suit for ....
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.
Injunctions in suits for specific performance may be granted based on prima facie cases, despite property sales to third parties, per Sections 19(b) of the Specific Relief Act and 37 of the Indian Co....
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 respondent's establishment of a prima facie case for the grant of injunction based on the existence of the agreement and the balance of convenience.
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