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TMI Blog2022 (9) TMI 1643X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, at the same time, the Plaintiff cannot get the relief indirectly which otherwise he/she cannot get in a suit for substantive relief, namely, in the present case the relief for specific performance. Therefore, the Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when the Defendant specifically filed the counter-claim for getting back the possession which was allowed by the learned trial Court. The Plaintiff cleverly prayed for a relief of permanent injunction only and did not seek for the substantive relief of specific performance of the agreement to sell as the agreement to sell was an unregistered document and therefore on such unregi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hul Kumar, Manish Kumar, M.K. Verma, Sarika Tyagi, Dipankar Pokhariyal, Advs. and Sushil Balwada, AOR For the Respondent : Mohd. Fuzail Khan, Ashutosh Srivastava, Anshu Gupta, Samant Singh, Preeja Nair, Advs. and Niraj Gupta, AOR JUDGMENT M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.12.2019 passed by the High Court of Judicature at Allahabad in Second Appeal No. 330/2001, by which the High Court has dismissed the second appeal and has confirmed the judgment and decree passed by the first appellate Court reversing the judgment and decree of dismissal of suit passed by the learned trial Court, the original Defendant has preferred the present appeal. 2. The facts leading to the present appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said appeal and set aside the judgment and decree passed by the learned trial Court and consequently decreed the suit for permanent injunction against the Defendant. The learned first appellate Court also dismissed the counter-claim of the Defendant. 2.4. The judgment and decree passed by the first appellate Court has been confirmed by the High Court, by the impugned judgment and order passed in Second Appeal No. 330 of 2001. 2.5. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court in dismissing the second appeal and confirming the judgment and decree passed by the learned first appellate Court, decreeing the suit for permanent injunction and dismissing the counter-claim, the original Defendan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of the Respondent - original Plaintiff. 4.1. It is vehemently submitted that as per the settled position of law, an unregistered document can be used for collateral purpose and therefore both, the first appellate Court as well as the High Court have rightly passed a decree for permanent injunction restraining the Defendant from interfering with her possession, considering the agreement to sell dated 23.03.1996 for collateral purpose of grant of permanent injunction. 4.2. Making the above submissions, it is prayed to dismiss the present appeal. 5. We have heard the learned Counsel for the respective parties at length. At the outset, it is required to be noted that the original Plaintiff instituted a suit praying for a decree of permanent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for specific performance could have been passed. The Plaintiff cannot get the relief by clever drafting. 7. In view of the above and for the reasons stated above, both, the learned first appellate Court and the High Court have committed a grave error in passing a decree for permanent injunction in favour of the Plaintiff as against the Defendant and dismissing the counter-claim filed by the original Defendant. The impugned judgment and order passed by the High Court, confirming the judgment and decree passed by the first appellate Court and the judgment and decree passed by the first appellate Court decreeing the suit for permanent injunction and dismissing the counter-claim of the Defendant are unsustainable and the same deserve to be quas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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