Vendee Remedies When Vendor Files Injunction Suit Hiding Key Facts in Property Sale

Purchasing property through an agreement to sell can be exciting, but disputes arise when the vendor (seller) files an injunction suit to block the deal, especially if they've concealed critical facts. Imagine this: You've signed a registered agreement to sell, paid a deposit, but the vendor rushes to court for an ex-parte injunction, omitting material details like your agreement or prior commitments. What is the remedy for the vendee?

This scenario is common in Indian property disputes, governed by the Code of Civil Procedure, 1908 (CPC). While courts grant injunctions cautiously, concealment of material facts can undermine the suit. This post explores your options as a vendee, drawing from legal precedents and principles. Note: This is general information, not specific legal advice. Consult a lawyer for your case.

Understanding the Core Issue: Vendor's Injunction with Concealment

Vendors often file suits under Order 39 Rules 1 & 2 CPC for temporary injunctions to prevent the vendee from proceeding with possession or sale. However, if the plaint conceals key facts—such as the existence of a registered agreement to sell—this amounts to suppression, which courts view seriously. A registered agreement to sell isn't a title deed but creates enforceable rights if specific performance is sought under the Specific Relief Act, 1963. [