BALRAM SINGH Vs. KELO DEVI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 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 appeal in a nutshell are as under: That the respondent herein - original plaintiff (hereinafter referred to as the 'original plaintiff') instituted Original Suit No. 696 of 1997 before the learned trial Court for permanent injunction only. The said suit wasfiled on the basis of an unregistered agreement to sell dtd. 23/3/1996. The original plaintiff sought permanent injunction restraining the defendant from disturbing her possession in the suit property.

(3.) Learned counsel appearing on behalf of the appellant - original defendant has vehemently submitted that the original plaintiff filed a suit for permanent injunction solely on the basis of the agreement to sell dtd. 23/3/1996, which, as such, was unregistered.