Permanent Injunction -- Suit Based on Unregistered and Unstamped Agreement to Sell -- Not maintainable against true owner absent right or title
(i) Specific Relief Act, 1963, S.38 -- Permanent Injunction -- Suit Based on Unregistered and Unstamped Agreement to Sell -- A plaintiff is not entitled to relief of permanent injunction against the true owner of property on the basis of an unregistered and unstamped agreement to sell, as no right, title, or interest vests in the plaintiff on the basis of such an agreement. (ii) Specific Relief Act, 1963, Ss.38, 41(h) -- Permanent Injunction -- Availability of Alternative Remedy of Specific Performance -- A suit for permanent injunction based on an unregistered and unstamped agreement to sell is barred under this provision, as the plaintiff has an equally efficacious remedy of specific performance available after curing the defect in the agreement.
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