Deeds and Documents – Unregistered agreement to sell – Suit filed for permanent injunction instead of specific performance of the agreement to sell – Clever drafting – Respondent filed suit for permanent injunction on the basis of unregistered agreement to sell – In counter-claim, appellant sought decree of possession – Suit dismissed by Trial Court, appellant’s counter-claim allowed – Suit decreed by First Appellate Court, counter-claim dismissed – Confirmed by High Court – On appeal, held: Agreement to sell was an unregistered document – Such an unregistered document is not admissible in evidence – Plaintiff was conscious of the fact that she might not succeed in getting the relief of specific performance of such agreement to sell thus, filed a suit simplicitor for permanent injunction only – In a given case, unregistered document can be used and/or considered for collateral purpose however, the plaintiff cannot get the relief indirectly which otherwise he/she cannot get in a suit for substantive relief, i.e., in the present case the relief for specific performance – Further, in the present case the Plaintiff cannot get the relief even for permanent injunction on the basis of the unregistered document, more particularly when the defendant specifically filed the counter-claim for getting back the possession which was allowed by the trial Court – Plaintiff cleverly prayed for permanent injunction only and did not seek the substantive relief of specific performance of the agreement to sell – Plaintiff cannot get the relief by clever drafting – Impugned order set aside – Suit dismissed – Decree passed by trial court dismissing the suit and allowing the counter-claim is restored – Suit – Practice and Procedure.
Practice and Procedure – Clever drafting – Suit filed for permanent injunction on the basis of unregistered agreement to sell – Held: Plaintiff cleverly prayed for relief of permanent injunction only and did not seek for the substantive relief of specific performance of the agreement to sell as it was an unregistered document and on such unregistered document, no decree for specific performance could have been passed – Plaintiff cannot get the relief by clever drafting – Deeds and Documents.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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