Civil Law Agreement to sell—Suit for declaration Maintainability-

2019 M L D 195 Civil LAW

—-CIVIL LAW O. VII, R. 11—Specific Relief Act (I of 1877), Ss. 12, 42 & 54—Agreement to sell—Suit for declaration, permanent injunction and possession—Maintainability—Plaint, rejection of—Scope—Defendants moved application for rejection of plaint on the ground that suit for declaration on the basis of contract of sale between the parties was not competent—Application for rejection of plaint was accepted concurrently—Validity—Plaintiff had sought decree for declaration and permanent injunction on the basis of agreement to sell—Sale agreement was for consideration of Rs. 15,00,000/- and its registration before Registrar was mandatory—Sale agreement in question was not registered and no sale had been completed—Suit for declaration on the basis of sale agreement was not competent except that plaintiff was in possession under enforceable contract of sale—Plaintiff could not seek declaration and only course available for him was to file a suit for specific performance for completion of sale—Plaint had rightly been rejected in the present case—Revision was dismissed in circumstances

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