ABDUL MOIN
Manas India Projects Pvt. Ltd. – Appellant
Versus
Meena – Respondent
JUDGMENT :
ABDUL MOIN, J.
1. Heard Dr. L.P. Mishra, Advocate assisted by Sri Deepanshu Dass, learned counsels appearing for the appellant and Sri Sudeep Seth, learned Senior Advocate assisted by Sri Sandeep Srivastava and Sri Anoop Kumar, learned counsels appearing for the respondents no. 2 to 4.
2. Instant First Appeal From Order has been filed praying for the following main reliefs:
3. Shorn of unnecessary details, the brief facts of the case set forth by the appellant is that an unregistered agreement for sale was executed on 01.07.2018, a copy of which is annexure 2 to the appeal with one Sri Jagjeewan, the husband of respondent no. 1 and father of respondents no. 2 to 4. The agreement for sale pertained to Khasra No. 388 Sa and part of Khasra No. 202. The agreement for sale also passed on the possession of the said plots to the appellant
Aloka Bose vs. Parmatma Devi and Others
Gone Rajamma vs. Chennamaneni Mohan Rao
The Municipal Corporation of Delhi vs. Shri Suresh Chandra Jaipuria and Another
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.
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.
An oral agreement for the sale of immovable property is unenforceable without a written and registered agreement under the Registration Act and Specific Relief Act.
An unregistered Agreement for Sale can be admitted as evidence in a suit for specific performance, and appellate courts should respect trial court discretion unless shown to be arbitrary.
(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 ....
The main legal point established in the judgment is the significance of privity of contract, the requirement of a deed of conveyance for transfer of immovable property, and the Trial Court's discreti....
Mere admission of signatures in unregistered document not sufficient to prove execution. Possessory rights cannot be established solely based on unregistered agreement without taking steps for regist....
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