Second appeal challenging concurrent decrees for permanent injunction restraining transfer and dispossession. The court held the proposed questions were mixed questions of law and fact requiring evidence re-appreciation, and that unregistered agreement to sale conveys no title under Section 17 Registration Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:10694]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 120/2022
----Appellants
Versus
| For Appellant(s) | : Mr. Ganga Ram. |
|---|---|
| For Respondent(s) | : |
HON'BLE MR. JUSTICE BIRENDRA KUMAR Order
04/03/2024
[2024:RJ-JD:10694]
[CSA-120/2022]
(2 of 3)
“(I) Whether the suit for permanent injunction is maintainable without establishing the possession?
(II) Whether question of the registration of agreement to sale can be determined in the suit of permanent injunction?
(3 of 3)
[2024:RJ-JD:10694]
[CSA-120/2022]
(III) Whether the plaintiffs are entitled permanent injunction over the plot of possession and title of the defendants?
(IV) The appellants crave leave to add and supplement more substantial question of law at the time of arguments.”
3 above would require re-appreciation of evidence. No other questions have been raised having substance of substantial questions of law. Therefore, this second appeal stands dismissed as devoid of any merit.
(BIRENDRA KUMAR),J
41-sumer/-
3 issues framed by the court
Whether a suit for permanent injunction is maintainable without establishing possession?
Whether registration of an agreement to sale can be determined in a suit for permanent injunction?
Whether plaintiffs are entitled to permanent injunction over property in defendants' possession and title?
1 provisions across 1 enactments
Lrs of Dharma, S/o Dalu Ram
Jai Narayan S/o Late Dharma Ram
Hanuman S/o Late Dharma Ram
Nathi W/o Late Dharma Ram
Seema D/o Late Dharma Ram
Vimla D/o Late Dharma Ram
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
