Suit for permanent injunction over Delhi property based on unregistered agreement to sell. Court held such a suit not maintainable under Section 17(1-A) Registration Act and Section 53-A TPA; plaintiffs no longer in possession and dispossession issue pending before Rohini District Court; suit dismissed with liberty to plead contentions there.
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$~15
versus
POOJA SINGH & ANR. .....Defendants Through: Mr. Shubham Prajapati and Mr. Manish Sharma, Advocates
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 08.08.2024
Page 1 of 3
CS(OS) 810/2022
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:11:06
273/2023, which is pending before the District Court at Rohini, North Delhi. He states that in the said suit, the plaintiffs herein are parties and there is an interim order dated 27.04.2023 in operation directing the parties to maintain status quo as regards ownership as well as possession. He states that the said interim order is continuing till date.
Page 2 of 3
CS(OS) 810/2022
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:11:06
MANMEET PRITAM SINGH ARORA, J
AUGUST 8, 2024/ rhc/AKT
Page 3 of 3
CS(OS) 810/2022
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:11:06
2 issues framed by the court
Whether a simpliciter suit for permanent injunction based on an unregistered agreement to sell, without relief of specific performance, is maintainable.
Whether the suit survives when plaintiffs have vacated and defendants are in actual possession.
2 provisions across 2 enactments
Sonal Shukla
Pooja Singh
Manmeet Pritam Singh Arora
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
