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IN THE HIGH COURT OF ALLAHABAD
SANDEEP JAIN
Gunjan Agrawal – Appellant
Versus
Ashish Kumar Gautam – Respondent
| Table of Content |
|---|
| 1. ownership and sale transaction details. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. validity of the suit under order 7 rule 11 cpc. (Para 7 , 8 , 9) |
| 3. arguments regarding injunction and ownership rights. (Para 10 , 11) |
| 4. conditions under which a plaint can be rejected. (Para 12 , 13 , 14 , 15 , 16) |
| 5. consequence of non-payment on ownership and injunction. (Para 17 , 18 , 19 , 20 , 21) |
| 6. final dismissal of the appeal. (Para 22) |
JUDGMENT :
Sandeep Jain, J.
1. The instant first appeal under section 96 of the CPC has been filed by the plaintiff-appellant against impugned judgment and decree dated 28.8.2025 passed by the court of Civil Judge(Senior Division) Court No.3 Mathura in O.S. No. 837 of 2023 Smt.Gunjan Agrawal vs. Ashish Kumar Gautam and another whereby, the application of defendant no.2 Manoj Agrawal under Order 7 Rule 11 CPC has been allowed and consequently, the plaint has been rejected.
2. Factual matrix is that the plaintiff-appellant filed an O.S. No. 837 of 2023 initially against the defendant no.1 Ashish Kumar Gautam with the averments that she was the owner of the disputed property, a land having area of 240 m², which was purchased through sale deed dated 18.8.2009 f
Ownership transfers upon registration of a sale deed, and non-payment of part of the consideration does not invalidate the sale; the transferor's remedy lies in recovery, not cancellation.
(1) Injunction is a consequential relief – In a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a furth....
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
Subsequent purchasers cannot assert defenses of the original vendor without seeking leave under Order 22 Rule 10 of CPC, especially when the original sale deeds have been canceled.
A plaintiff in a permanent injunction suit must prove lawful possession of the property and the defendant's interference, especially when the disputed property is unidentifiable.
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
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