9911796707
TMI Blog2022 (9) TMI 1643X X X X Extracts X X X X X X X X Extracts X X X X ..... urt has dismissed the second appeal and has confirmed the judgment and decree passed by the first appellate Court reversing the judgment and decree of dismissal of suit passed by the learned trial Court, the original Defendant has preferred the present appeal. 2. The facts leading to the present appeal in a nutshell are as under: That the Respondent herein - original Plaintiff (hereinafter referred to as the 'original Plaintiff') instituted Original Suit No. 696 of 1997 before the learned trial Court for permanent injunction only. The said suit was filed on the basis of an unregistered agreement to sell dated 23.03.1996. The original Plaintiff sought permanent injunction restraining the Defendant from disturbing her possession in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court in dismissing the second appeal and confirming the judgment and decree passed by the learned first appellate Court, decreeing the suit for permanent injunction and dismissing the counter-claim, the original Defendant has preferred the present appeal. 3. Learned Counsel appearing on behalf of the Appellant - original Defendant has vehemently submitted that the original Plaintiff filed a suit for permanent injunction solely on the basis of the agreement to sell dated 23.03.1996, which, as such, was unregistered. 3.1. It is submitted that such an unregistered agreement to sell is not admissible in evidence. It is submitted that therefore both, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of grant of permanent injunction. 4.2. Making the above submissions, it is prayed to dismiss the present appeal. 5. We have heard the learned Counsel for the respective parties at length. At the outset, it is required to be noted that the original Plaintiff instituted a suit praying for a decree of permanent injunction only, which was claimed on the basis of the agreement to sell dated 23.03.1996. However, it is required to be noted that the agreement to sell dated 23.03.1996 was an unregistered document/agreement to sell on ten rupees stamp paper. Therefore, as such, such an unregistered document/agreement to sell shall not be admissible in evidence. 6. Having conscious of the fact that the Plaintiff might not succeed in getting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment and order passed by the High Court, confirming the judgment and decree passed by the first appellate Court and the judgment and decree passed by the first appellate Court decreeing the suit for permanent injunction and dismissing the counter-claim of the Defendant are unsustainable and the same deserve to be quashed and set aside and the judgment and decree passed by the learned trial Court dismissing the suit filed by the Plaintiff for permanent injunction and allowing the counter-claim of the Defendant deserves to be restored. 8. Accordingly, the present appeal is allowed. The impugned judgment and order dated 10.12.2019 passed by the High Court dismissing Second Appeal No. 330/2001, confirming the judgment and decree passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
