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KSHITIJ SHAILENDRA
Irfan Qureshi – Appellant
Versus
UP State Industrial Development Authority – Respondent
JUDGMENT :
Hon'ble Kshitij Shailendra,J.
1. Counter and rejoinder affidavits have been exchanged between the parties, therefore, with the consent of learned counsel for the parties, the instant appeal is being finally decided.
2. Heard Sri Samir Sharma, learned Senior Counsel, assisted by Ms. Ananya Shukla, for the appellant, Sri Anoop Trivedi, learned Senior Counsel, assisted by Sri Vibhu Rai, for the respondent no.2 and Sri Ajay Kumar Patel, learned counsel holding brief of Sri Adarsh Bhushan, for the respondent no.1.
3. The instant appeal is directed against the order dated 31.05.2024 whereby Judge, Small Causes Court, Bulandshahr has rejected the injunction application Paper 6-C2 under Order 39 Rule 1 CPC in Original Suit No.1054 of 2022.
4. Assailing the order impugned, Sri Samir Sharma, learned Senior Counsel, submits that father of the defendant-respondent no.2, namely, Sri C.D. Bajpai was owner of an Industrial Plot No.C-4 and he had agreed to sell the same to the appellant for a sum of Rs.70,00,000/- (rupees seventy lac only). It is pleaded in the plaint that a sum of Rs.35,00,000/- (rupees thirty five lac only) was paid by the appellant to the father of defendant-respondent no
A mandatory injunction cannot be granted without a written agreement for the sale of immovable property, as required by the Registration Act and Transfer of Property Act.
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.
The central legal point established in the judgment is that the amendment made under Section 53A of the Transfer of Property Act does not validate an unregistered agreement for sale dated 09.05.1994,....
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 court established that unregistered documents affecting immovable property cannot confer rights or be treated as valid sales, reinforcing the necessity of registration for such transactions under....
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