⚖️ Legal Learning I Shri Ganpati Jurists
Rohit Sharma v. Abhishek Mahindra
(Punjab & Haryana High Court)
📌 Key Legal Issue
Whether an unregistered agreement to sell immovable property can confer protection under Section 53A of the Transfer of Property Act, 1882 and support a claim for injunction.
🧾 Legal Principles Laid Down
A. Section 53A – Transfer of Property Act, 1882
🔹 Protection of possession under Section 53A is available only when the agreement is registered.
🔹 An unregistered agreement to sell has no legal efficacy for claiming protection of possession.
🔹 Registration is mandatory for agreements involving transfer of right, title, or interest in immovable property.
🔹 An unregistered agreement cannot be relied upon to seek any statutory benefit under Section 53A.
B. Order 39 Rules 1 & 2 – Civil Procedure Code, 1908
🔹 Grant of injunction is discretionary and equitable.
🔹 A party relying on an unregistered agreement has no prima facie legal right.
🔹 Courts cannot grant injunction when the foundational document itself is legally ineffective due to lack of registration.
✅ Final Takeaway
Registration is not a mere formality—it is a statutory mandate.
An unregistered agreement to sell immovable property cannot protect possession, cannot invoke Section 53A, and cannot justify grant of injunction.
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