T.i appln in specific performance suit
AMIT
(Querist) 12 October 2013
This query is : Resolved
Is there any authority clearing ratio that injunction cannot be given if a agreement to sell is not registered.
Devajyoti Barman
(Expert) 13 October 2013
Ad interim injunction can always be granted in the basis un registered sale agreement.
prabhakar singh
(Expert) 13 October 2013
Unless an agreement to sale is specifically required to be registered by state amendment
(as it is so in U.P.)you can not get a judgement you are looking for as the purpose
of passing interim injunction is to keep the property in dispute in it's status quo condition.
Rajendra K Goyal
(Expert) 13 October 2013
well advised by the expert prabhakar singh ji, nothing more to add.
Raj Kumar Makkad
(Expert) 13 October 2013
Suraj Lamp company versus State of Haryana pronounced by Hon'ble Supreme court of India on 13th October 2011.
J K Agrawal
(Expert) 14 October 2013
Agreed with mr Prabhakar Singh. This matter relates to laws of your state and if there is any such law the Suraj Lamp citation as suggested by Makkad Sahib is very good one. Generally at the stage of TI generally validity a document is not looked into but if you file and application to impound the document, it will be a good idea.
Anirudh
(Expert) 14 October 2013
If an agreement to sell is accompanied with parting with possession in favour of the buyer, then the same is required to be compulsorily registered in terms of Section 17-A of Registration Act, 1908.
In such a case, if the Agreement to sell is not registered, then on that basis one cannot make any claim, including any interim relief.
However, if the Agreement to sell is a simplicitor agreement to sell (without giving possession) then, as rightly indicated by Mr. Prabhakar Singh, one has to look into the provisions in the particular State Act, whether there is requirement for registration of such an agreement to sell or not. If registration is required, then without registration, one cannot get any interim relief.
If there is no requirement for registration then one can surely get interim relief.
Suraj Lamp decision has no application in the present issue. The issue in Suraj Lamp whether any proper transfer of immovable property takes place on the basis of GPA/SPA/WILL etc. That decision does not relate whether any Agreement to Sell is required to be registered or not. THEREFORE SURAJ LAMP HAS NO APPLICATION IN THE PRESENT CASE AT ALL.
