Grant of injunction on the basis of agreement of sale
MohammedRaffiq Bijapur
(Querist) 04 April 2012
This query is : Resolved
Good Morning everybody,
I am M A Bijapur Adv.
I want to know can i obtain injunction on the basis of agreement of sale by virtue of which i am in possession of the property concern without seeking the relief of specific performance. pls ans by supporting the citations.
Nadeem Qureshi
(Expert) 04 April 2012
Dear Querist
you can file an Injunction suit before the court on behalf of this agreement to sale and pray to court to pass an injunction order in your favour, if court think fit the court may pass an order in you favour.
barun deka
(Expert) 04 April 2012
You are protected under Section 53 A of the TP Act provided the agreement is registered. So you can file a suit for injunction.
Adv.R.P.Chugh
(Expert) 04 April 2012
Dear Querist,
If I get your query right - you just want an injunction to protect your possession (which you have acquired in part performance of the contract S.53A TPA) but don't want the contract to be specifically enforced.
Try filing a suit for injunction - The Court may not be inclined to grant the relief for two reasons :-
i) you are not the owner by virtue of sale agreement - injunction is seldom granted against the real owner - except to maintain status quo until specific performance is granted.
ii) This would also reflect that you are not ready and willing to perform and you are the defaulter - which might weaken your chances to obtain specific performance in future.
iii) Injunction is an equitable relief - one who does not go with clean hands is not normally given the relief.
V R SHROFF
(Expert) 05 April 2012
Injunction is granted to a person in possession, pending due process of law establishing the ownership. As hardship is to one who may be evicted by force.
So you can get .
MohammedRaffiq Bijapur
(Querist) 06 April 2012
Adv. Bharat Chugh Sir
I am impressed with ur answer. I really take up advise. Thank u.
