SUDHIR TYAGI Vs. SUBHASH TYAGI

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 12.05.05 which had allowed the appeal and reversed the judgment and decree dated 31.08.2004. Vide judgment and decree dated 31.08.04, the suit of the plaintiff, Sh. Subhash Tyagi, seeking permanent injunction against the Defendant had been dismissed. It had been dismissed on a preliminary finding that the suit is not maintainable.

(2.) The plaintiff, in support of his claim, had relied upon a General Power of Attorney, Deed of Agreement, Will receipt and Affidavit purported to have been executed in his favour along with the physical delivery of the possession of the suit property to substantiate his averment that he was in legal possession of the suit property; he had apprehended interference qua the Defendant; the continued threats by the Defendant to interfere in the physical possession of the suit property had thereof resulted into the filing of the present suit.

(3.) Trial court had held that these documents as aforenoted i.e. the general Power of Attorney, deed of Agreement, Will receipt and Affidavit do not confer title as a sale can be effected under Section 54 of the Transfer of Property Act (TPA) only by a registered sale deed; Section 17 of the Indian Registration Act was also violated. The plaintiff having no legal title in the suit property, the suit was not maintainable. It was accordingly dismissed.