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2019 (12) TMI 1640 - HC - Indian LawsRefusal to register a settlement deed - refusal on the ground that the subject property had been agreed to be sold in favour of the second respondent by an agreement of sale - HELD THAT:- The unenforceability of the agreement cannot be decided by the first respondent. Given the present circumstances, the only remedy for the petitioner is to seek for a declaratory relief by filing a suit before the competent Civil Court stating that the registered agreement of sale is a nullity and is unenforceable and that therefore, it should be set aside. There cannot be any difficulty to present a plaint to declare the agreement of sale as unenforceable because the cause of action for doing so has arisen only now when the petitioner executed a gift deed in favour of her granddaughter. The writ petition is disposed of by granting liberty to the petitioner to approach the competent Civil Court to declare the agreement of sale as null and void and unenforceable. If such a plaint is presented, the competent Civil Court is directed to entertain the suit and take a decision on merits and in accordance with law.
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