Supreme Court of India

Balram Singh v. Kelo Devi

Neutral citation
Bench M. R. Shah and Krishna Murari JJ.
Decided 23 September 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

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.

Judgment, page 5

From the headnote

Deeds and Documents – Unregistered agreement to sell – Suit filed for permanent injunction instead of specific performance of the agreement to sell – Clever drafting – Respondent filed suit for permanent injunction on the basis of unregistered agreement to sell – In counter-claim, appellant sought decree of possession – Suit dismissed by Trial Court, appellant’s counter-claim allowed – Suit decreed by First Appellate Court, counter-claim dismissed – Confirmed by High Court – On appeal, held: Agreement to sell was an unregistered document – Such an unregistered document is not admissible in…

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