Suit for permanent injunction not to alienation - maintainable based on unregistered agreement to sell - only suit under section 53 A can't maintainable based on unregistered agreement to sell

Citation

AIR 2009 MADRAS 110

MADRAS HIGH COURT (Principal Seat at MADRAS)

M. JEYAPAUL, J.

O.A. Nos. 936 and 937 of 2008 in C.S. No. 811 of 2008, D/-6-2-2009

R. Palanisubramanian v. M/s. Trans Medica (India) Ltd. and Anr

(A)Registration Act (16 of 1908), S.17(1A) - Civil P.C.

(5 of 1908), 0.39 R.1, 0.39 R.2 - Transfer of Property

Act (4 of 1882), S.53A

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Registration of sale agreement Whether mandatory for seeking injunction - Applicant sought injunction on ground that he had purchased suit property and paid part consideration Unregistered sale deed showing delivery of possession to applicant on payment of 85% sale consideration Reliability Had the-applicant sought benefit of part performance u/S.53- A of Transfer of Property Act registration of sale deed would have been mandatory - Since no such benefit is claimed, unregistered sale deed can be relied upon by

 Court in an injunction application.  (Paras 10 11)