A Relief For Permanent Injunction Cannot Be Granted On The Basis Of An Unregistered Document Or Agreement To Sell

INTRODUCTION:

The Apex Court in a recent decision in Balram Singh vs. Kelo Devi¹ observed that a relief for permanent injunction on the basis of an unregistered document or agreement to sell, could not be granted. The Apex Court further observed that a relief cannot be got indirectly which otherwise could not have been got in a suit for substantive relief.

FACTS:

One Kelo Devi, the Respondent, had instituted a Suit for permanent injunction, before the Trial Court, to restrain the Appellant (the Defendant therein) from disturbing the Respondent's possession in the suit property ("said Suit").

The Respondent relied on an unregistered agreement to sell dated 23^rd March, 1996 ("said Agreement") in the said Suit.