Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Dinesh Pathak,J.
Yogendra Pal Singh – Appellant
Versus
Subodh Kumar – Respondent
JUDGMENT :
Dinesh Pathak, J.
1. Heard learned counsel for the plaintiffs-appellants as well as learned counsel for the defendant-Opposite Party and perused the record on board.
2. Instant first appeal from order has been preferred on behalf of the plaintiff-appellant assailing the order dated 12.08.2024 whereby interim injunction application (paper No. 7-C2) under Order 39 Rule 1 CPC has been rejected by learned trial court.
3. Record evinces that plaintiffs-appellants have filed a suit for permanent prohibitory injunction against the defendant-respondent claiming their right, interest and possession over the property in question on the basis of unregistered agreement to sell dated 16.03.2021 and came with the plea that out of entire consideration amount i.e. 75 crores, plaintiffs have given 1 crore 11 lakhs rupees as an earnest money. The plaintiffs have also laid emphasis on the authority letter dated 11.06.2019 whereby plaintiff/appellant No. 1 had been authorized to enter the companys' premises; and supervise/look after the property. Final prayer made by plaintiffs in the plaint is quoted hereinbelow:-
“a. That by passing a decree of permanent prohibitory injunction in favour of the
An unregistered agreement to sell cannot establish possession for an interim injunction without a claim for specific performance, and credible evidence of possession is essential.
The court emphasized that an unregistered agreement to sell lacks sufficient evidentiary value for establishing possession, and interim injunctions require a clear prima facie case.
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 main legal point established is the application of principles for granting interim injunctions, the interpretation of time as the essence of a contract, and the significance of fulfilling recipro....
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.
Plaintiff cannot get relief even for permanent injunction on the basis of unregistered document/agreement to sell – Plaintiff cannot get relief by clever drafting.
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.
(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 prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
