2012 AIR CC 2925 (ALL) ::2012 (5) All LJ 686 ::2012 (5) ALJ 686 ::(2012) 116 RevDec 737 ::(2012) 2 All RentCas 761 ::(2012) 4 CivilCourtC 286 ::AIR 2013 (NOC) (SUPP) 1107 (ALL.) ::(2012) 6 ADJ 177 (ALL) ::(2012) 6 All WC 5522 ::(2013) 1 ICC 592

Allahabad High Court

Hon'ble Judge(s): Sheo Kumar Singh, Ram Surat Ram (Maurya) , JJ

(A) Civil Procedure Code (5 of 1908) O. 39, Rr. 1, 3 — Refusal to grant interim injunction against forcible possession of property — Validity — Property in dispute was joint property in which there were co-sharers — Defendants executed agreement for sale of property, received earnest money, but due to disputes between co-sharers, sale-deed could not be executed — Earnest money was then returned to plaintiff — Specific portion of joint property could not be given away to plaintiff without partition — In alleged sale agreement, no specific portion of property was shown to be claimed by plaintiff but in plaint, plaintiff claimed one third western portion while share of defendants was less than that — Agreement for sale was unregistered document — Plaintiff had neither prima facie case nor balance of convenience lying in his favour — Refusal to grant interim injunction, proper AIR 2008 All 66, AIR 1981 SC 1426, 1987 ALJ 1266 (DB), Relied on (Para 22)

(B) Transfer Of Property Act (4 of 1882) S. 54 [As amended by S. 30 of Uttar Pradesh Civil Laws (Reforms and Amendment) Act (1976) (57 of 1976)] — Registration Act (16 of 1908), S 17 [As amended by S 32 of Uttar Pradesh Civil Laws (Reforms and Amendment) Act (1976) (57 of 1976)], S 17(f) [As inserted by S 32 of Uttar Pradesh Civil Laws (Reforms and Amendment) Act (1976) (57 of 1976)], S 49 — Registration of agreement to sell immovable property — Compulsion — Agreement to sell immovable property is compulsorily registrable document in State of Uttar Pradesh — No unregistered agreement to sell can be executed nor it can be taken in evidence in view of S 49 of Registration Act (Para 12)

(C) Registration Act, (16 of 1908) S. 17 [As amended by S. 3 of Registration and Other Related Laws Amendment Act (48 of 2001)], S.49 [As amended by S. 6 of Registration and Other Related Laws Amendment Act (48 of 2001)] — Transfer of Property Act (4 of 1882), S 53-A [As amended by S 10 of Registration and Other Related Laws Amendment Act (48 of 2001)] — Registration of agreement to sell immovable property — Compulsion for purpose of claiming right u/S 53-A of Transfer of Property Act — Agreement to sell is required to be registered for purpose of claiming right u/S 53 A of Transfer of Property Act — Unregistered documents are not admissible in evidence u/S 49 of Registration Act 2000 Laws (SC) 114, AIR 1970 SC 546, AIR 1993 SC 276, Distinguished (Para 16)