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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Irfan Quraishi – Appellant
Versus
U.P. State Industrial Development Authority Limited – Respondent
JUDGMENT :
Sandeep Jain, J.
1. The instant appeal has been filed by the plaintiff under Section 96 C.P.C. against the impugned order dated 23.07.2025 passed by the Judge Small Causes, Bulandshahr in O.S. No.1054 of 2022 (Old No.790 of 2022) Irfan Quraishi Vs. U.P. State Industrial Development Authority Limited & others, whereby the application of the defendant No.2 Smt. Aparna Bajpai under Order VII Rule 11 CPC has been allowed and consequently, the plaintiff's suit has been dismissed on the ground of being barred by law, want of cause of action as well as, due to the insufficient court fees paid.
2. The factual matrix is that the plaintiff–appellant filed a suit, being O.S. No. 1054 of 2022, with the averments that father of defendant no.2, Late Chandradutt Bajpai, was the owner in possession, and proprietor of M/S CDS Chemicals, situated at C-4, Industrial Area (Jokhabad), Sikandrabad, District Bulandshahr. It was further averred that an oral agreement was entered into between the plaintiff and the father of defendant no.2 for the sale of the aforesaid plot for a consideration of Rs.70 lacs. Out of the said consideration, a sum of Rs.29 lacs was paid through three demand drafts and
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 to sell cannot serve as a basis for injunctive relief against a true owner of property, reflecting the necessity of registration under relevant laws.
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.
(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 ....
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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