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TMI Blog2019 (12) TMI 1640X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent by an agreement of sale - HELD THAT:- The unenforceability of the agreement cannot be decided by the first respondent. Given the present circumstances, the only remedy for the petitioner is to seek for a declaratory relief by filing a suit before the competent Civil Court stating that the registered agreement of sale is a nullity and is unenforceable and that therefore, it should be set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard both. 2. The petitioner challenges a check slip issued by the first respondent refusing to register a settlement deed on the ground that the subject property had been agreed to be sold in favour of the second respondent by an agreement of sale, registered as Doc.No.17439 of 2006. 3. As per the Rules prevalent as of now, unless and until the registered agreement of sale is canceled in a manne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the petitioner is to seek for a declaratory relief by filing a suit before the competent Civil Court stating that the registered agreement of sale is a nullity and is unenforceable and that therefore, it should be set aside. 6. The learned counsel for the petitioner submits that if the petitioner files a civil suit, there is every likelihood that the plaint would be refused to be accepted on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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