2019 (12) TMI 1640

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..... 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 becaus .....

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..... allenges a check slip issued by the first respondent refusing to register a settlement deed on the ground that the subject property had been agreed to be sold in favour of the second respondent by an agreement of sale, registered as Doc.No.17439 of 2006. 3. As per the Rules prevalent as of now, unless and until the registered agreement of sale is canceled in a manner known to law, the first res .....

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..... 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. 6. The learned counsel for the petitioner submits that if the petitioner files a civil suit, there is every likelihood that the plaint would be refused to be accepted on the ground of limitatio .....

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