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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Zaibunisha – Appellant
Versus
Sanjeev Kumar – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal has been filed by the plaintiff under Section 96 C.P.C. against the impugned judgment and decree dated 09.10.2025 passed by J.S.C.C./Civil Judge (S.D.), Saharanpur in O.S. No.108 of 2025 (Old Original Suit No.1330 of 2024) (Smt. Zaibunisha vs. Sanjeev Kumar) whereby the plaintiff's suit for the relief of permanent injunction for restraining the defendant from interfering in her peaceful possession and encroachment of the disputed property and for restraining the defendant from alienating or transferring it, has been rejected.
2. Learned counsel for the plaintiff-appellant submitted that it was agreed upon between the plaintiff and defendant by agreement dated 16.01.2020 that the disputed property would be sold for a consideration of Rs.65,00,000/- to the plaintiff and out of that amount the plaintiff also paid Rs.5,00,000/- in cash towards earnest money to the defendant. It was also agreed that the defendant would execute the sale deed till 15.09.2022 but subsequently the defendant failed to execute the sale deed in favour of the plaintiff. It was further submitted that the defendant belongs to scheduled caste, as such, it was incumben
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.
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.
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.
(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 ....
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 unregistered Agreement for Sale cannot be enforced for specific performance under amended laws, and the plaintiff must prove continuous readiness and willingness to perform the contract.
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