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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Velpa International (P) Limited – Appellant
Versus
Priyadharshini – Respondent
| Table of Content |
|---|
| 1. filing of suit based on alleged breach of financial agreement. (Para 1 , 11) |
| 2. various arguments regarding the validity of the sale deed and obligations under the undertaking. (Para 3 , 4 , 5 , 6 , 7 , 9) |
| 3. court's examination of the undertaking and procedural handling of the application. (Para 10 , 12 , 13 , 14 , 16 , 17 , 20 , 21 , 22) |
| 4. court clarifies that accepted undertakings must be recorded for enforcement. (Para 18 , 19 , 23 , 24) |
| 5. dismissal of the civil revision petition sans grounds of the trial court. (Para 25) |
ORDER :
P.B.BALAJI, J.
This revision has been filed by the plaintiff in O.S. No.8 of 2016, seeking to set aside the order in I.A. No.1 of 2021, in and whereby, the plaintiff sought direction under Section 151 of the Code of Civil Procedure, 1908 to set aside the sale deed dated 28.04.2021 in Doc.7359 of 2021 on the SRO, Palladam.
2. I have heard Mr.N.Manoharan, learned counsel for the revision petitioner and Mr.S.Mukunth, learned Senior Counsel for M/s.Sarvabhauman Associates for respondents 1 and 2 and Mr.V.Sivakumar, learned counsel for the fifth respondent.
3. The sum and substance of the arguments of the Mr.N.Manoharan, learned counsel for th
An unrecorded court undertaking is unenforceable; thus, third-party purchasers maintain rights over property sold despite alleged breaches of such undertaking.
Undertakings not formally accepted by the court lack enforceability, rendering any subsequent breach insufficient for voiding a sale deed.
An agreement to sell does not create an interest in property and does not breach an undertaking unless actual sale or transfer occurs.
Execution of an agreement to sell does not constitute a breach of court undertaking prohibiting sale unless actual transfer of property occurred.
A mere declaration that a sale deed is null and void is ineffectual; a plaintiff must seek to set aside the deed, which must be substantiated by evidence to oppose its presumptive validity.
Subsequent purchasers cannot assert defenses of the original vendor without seeking leave under Order 22 Rule 10 of CPC, especially when the original sale deeds have been canceled.
Point of Law; application under Order XXXIX Rule 2A of CPC is filed, the Court shall register that as Miscellaneous and issue notice of the same to the defendants contemnors since no such procedure w....
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