Interim Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21 CS 16/21
BHIM CHOUDHARY Vs. KAMLESH
29.10.2025
Present: Ld counsel for plaintiff
Sh. Brij Bhushan Lal, Ld counsel for defendant
Ld counsel for the applicant/defendant draws the attention
of this court at para 12 of the plaint stating that it is admitted by plaintiff
that the area in which the property is located, registry could not be done.
Ld counsel further point out at para 7 and para 11 of the Agreement to
Sale dated 03.09.2019 and stating that it was for the plaintiff herein to
obtain requisite permission from the concerned officer for registration of
Sale Deed.
Ld counsel further relied upon Section 10 and Section 11
clause b and c of Specific Relief Act in support of his contentions. It is
further argued that the plaintiff herein is claiming himself to be the owner
on the strength of unregistered Agreement to Sale etc, which as per law
does not confer any title.
On the other hand, it is argued by Ld counsel for plaintiff
that as per the Rent Agreement dated 03.09.2019, the defendant herein
has admitted plaintiff to be the landlord and owner of the property. It is
further argued that the said document duly bears the signature as well as
thumb impression of the defendant and same is never denied by the
defendant in his written statement.
Upon clarifications on para 12 of the plaint, it is stated by
counsel for plaintiff that currently the property is in the said area is open
for registration and there is notification in this regard. Plaintiff is directed
to supply documents in this regard.
Now to come up on 23.01.2026.
(Anubhav Jain)
District Judge -05, NDD,
PHC/ND/29.10.2025
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