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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
PAVAN KUMAR DWIVEDI
Sarthak Landcon Pvt. Ltd., Through Authorised Signatory Balram Mathur – Appellant
Versus
Akila Bi Through Power of Attorney Mohabbat – Respondent
ORDER :
PAVAN KUMAR DWIVEDI, J.
The appellant/defendant No.5 has filed this appeal under Order 43 Rule 1 read with Section 151 of the Civil Procedure Code challenging the order dated 10.07.2025 passed by the learned trial Court in RCS No. 1359- A/2023 whereby the application filed by respondent No.1/plaintiff under Order 39, Rule 1 and 2 CPC was allowed.
2. The facts in brief are that the respondent No.1/plaintiff filed a civil suit for declaration of title, declaring the registered sale deed dated 07.10.2021 (executed in favour of appellant/defendant No.5) null and void and for permanent injunction against appellant/defendant No.5 with respect to the land situated in Survey No. 123/1, 124, 125/1 and 129/1 admeasuring total 1.191 hec. in village Mayakhedi, Tehsil and District Indore. The respondent No.1/plaintiff averred in her plaint that an agreement to sale was executed on 22.09.1992 between her husband Mohabbat Ali and Mangu Singh (who was father of respondents No. 2, 3 and 4) with respect to aforesaid suit land. It was also averred that the entire sale consideration was paid by Mohabbat Ali to Mangu Singh and said Mangu Singh delivered possession of the entire suit property to Mo
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
An unregistered agreement to sell immovable property does not confer ownership rights; registration is mandatory for valid transfer of title.
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.
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 agreement to sell lacking compliance with statutory requirements under the Transfer of Property Act is invalid and does not confer rights, necessitating restoration of possession to the rightful o....
Agreement to Sell – No person shall take possession of any land in province of Kashmir which has been transferred or has been contracted to be transferred to him unless and until such transfer become....
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