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.

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:

“(a) Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the impugned order dated 22.12.2022 passed by the learned Civil Judge (Senior Division), Lucknow in Regular Suit No. 2148 of 2021, Manas India Projects Pvt. Ltd. vs. Meena and Others and allow the present appeal in the interest of justice.”

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 as was indicated in paragraph 4 of the said agreement. Various payments both in cash and through cheques towards the said agreement for sale are claimed to have been made initially to Sri Jagjeewan and after his death to the respondent no. 1 the details of which have been given in paragraphs 6 & 9 of the affidavit in support of application for interim relief. It is also contended that there was a second plot adjacent to the aforesaid plots which was recorded in the name of the father of Sri Jagjeewan from whom the said plot was purchased through a registered sale deed. It is contended that as the respondents along with certain other persons started interfering in the peaceful possession of the aforesaid plots it compelled the appellant to file a suit for permanent injunction in the year 2021 which was registered as Regular Suit No. 214 of 2021, Manas India Projects Pvt. Ltd. vs. Smt. Meena and Others before the learned Civil Judge (Senior Division), Lucknow. A temporary injunction application was also filed by the appellant and the learned Trial Court vide order dated 10.12.2021, a copy of which is annexure 6 to the appeal passed an order of status quo. It is contended that an application under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as “CPC”) was filed by the respondents contending that as the suit had only been filed seeking relief for permanent injunction and without seeking the relief of specific performance as such, the said suit was liable to be dismissed. However, the learned Trial Court, vide order dated 02.04.2022, a copy of which is annexure 11 to the appeal rejected the said application on the ground that the plaintiff/appellant herein, is a master of his suit.

4. It is contended that the commission report had also been called for which was submitted on 18.01.2022, a copy of which is annexure 13 to the appeal a perusal of which would indicate that the report specifically indicates the possession of the appellant over the plots in dispute.

5. It is also contended that an application filed under Order 39 Rule 4 of the CPC by the respondents was also rejected by the learned Trial Court vide order dated 03.09.2022. Subsequent thereto, the temporary injunction application of the appellant has been finally decided and by means of impugned order dated 22.12.2022, a copy of which is annexure 1 to the appeal, the said application has been rejected.

6. Learned counsel for the appellant while seeking to challenge the order impugned dated 22.12.2022 argues that a perusal of the order impugned dated 22.12.2022 would indicate that the application has been rejected primarily on the grounds that (a) there is dispute pertaining to the unregistered agreement for sale having been executed with respect to the part of Khasra No. 2