maitainablity of injunction suit, sale agreeme
binukokkad
(Querist) 23 May 2010
This query is : Resolved
whether a prohibitory injunction can pass aganist ture owner in connection with a unregistered sale of agreement? can i get any citation(high courts or Hon'ble Sup.Court)?
adv. rajeev ( rajoo )
(Expert) 23 May 2010
If bare injunction suit on the basis of the agreement of sale is not maintainable
It is important that whether possession is given to the purchaser and uregd agreement of slae is there then such agreement of sale is not considerable, because it is unregd., If possession is given and AOS is unregd., the purchaser has to pay the 2% of the total sale consideration and 10 times penalty of that 2% then only purchaser gets right to file the suit .
In your case AOS is unregd., so suit itself is not maintainable, so question of granting prohibitory injunction order against the true owner does not arise.
Raj Kumar Makkad
(Expert) 23 May 2010
definitely it can be passed but the relevant thing is that whether the facts of the case permit it or not. If a true owner has handed over the possession to the buyer by way of an unregistered agreement and thereafter he interferes in the peaceful possession without any subsequent agreement then a prohibitory injunction can also be passed against him and similar circumstances may also exist wherein such relief can be granted against him.
B K Raghavendra Rao
(Expert) 23 May 2010
No injunction can be passed against a true owner of the property unless the true owner has executed a legally valid deed warranting such an injunction of prohibition.
Swaroop Godbole
(Expert) 24 May 2010
i think that injunction can definately be issued provided one has to establish a prima facie case, irreparable loss and balance of convenience.
Again, one has to see whether this is an agreement to sell or agreement of sale?!
Swaroop Godbole
(Expert) 24 May 2010
@ adv. rajeev
sir, kindly guide me about the provisions or the citations rgaring your comment.
binukokkad
(Querist) 24 May 2010
whether a prohibitory injunction can pass aganist ture owner in connection with a unregistered sale of agreement? can i get any citations(high courts or Hon'ble Sup.Court)?
binukokkad
(Querist) 24 May 2010
what are the documentary evidence to prove a valid acceptance of a gift deed? what are the difference between a gift deed and a settlement deed?
