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Indian Laws - Highlights / Catch Notes

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SC held that the plaint must be rejected under Order VII Rule ...


Purchaser Without Registered Sale Deed Lacks Legal Standing to Challenge Ownership or Possession Under Order VII Rule 11

April 25, 2025

Case Laws     Indian Laws     SC

SC held that the plaint must be rejected under Order VII Rule 11(a) and (d) CPC due to absence of cause of action. An agreement to sell does not confer substantive rights against third-party possessors, and the proposed purchaser cannot institute a suit against parties in possession. The court emphasized that without a registered sale deed, the purchaser lacks legal standing to challenge ownership or possession. The appeal was allowed, setting aside lower court orders, with implications for preventing speculative litigation and protecting institutional interests from resource-draining legal proceedings.

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