Can conditional transfer of roof rights legal as per law?

This query is : Resolved 

Querist : Anonymous (Querist)
07 December 2018

I have sold the top floor(Third floor) with roof rights to one person(Say person X). However in the sale deed, i have mentioned one clause which reads as below:
''Vendor has restricted the right of construction above third floor''

I wanted to know is above clause valid as per law and whether permanent injunction restraining the purchaser not to do any construction can be obtained in case purchaser starts construction on the roof. Assume municipal bye laws allow construction of 4th floor.

Dr J C Vashista (Expert)
08 December 2018

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