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IN THE HIGH COURT OF ALLAHABAD
Dinesh Pathak, J.
Yogendra Pal Singh – Appellant
Versus
Subodh Kumar – Respondent
| Table of Content |
|---|
| 1. plaintiffs filed suit claiming possession (Para 2 , 3) |
| 2. defendant denied execution of agreement (Para 4) |
| 3. plaintiffs moved application for injunction (Para 5 , 6 , 7) |
| 4. court emphasized prima facie case (Para 8 , 9 , 10 , 11 , 12) |
| 5. court ruled insufficient evidence (Para 13 , 14 , 15) |
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 aut
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 establish possession for an interim injunction without a claim for specific performance, and credible evidence of possession is essential.
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 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 party seeking an injunction must prove a prima facie case to go for trial, and if failed, the balance of convenience and irreparable loss are not material.
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 oral agreement for the sale of immovable property is unenforceable without a written and registered agreement under the Registration Act and Specific Relief Act.
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....
An interim injunction can be granted to restrain the alienation of property during the pendency of a suit, even in light of the doctrine of lis pendens under Section 52 of the Transfer of Property Ac....
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