DAUDBHAI KASAMBHAI Vs. SHABBIR ISUF YAKUB MEDA

JUDGEMENT

(1.) xxx xxx xxx.

(2.) In my opinion, after considerably long period of 13 years, especially when the plaintiff had only agreed to purchase the land in question under an unregistered agreement to sell, and when he was not put in possession by the vendors, namely defendants Nos. 1 to 4, no interim injunction could have been granted in favour of the plaintiff by the Trial Court. On the other hand, defendant No. 5, who is a bona fide buyer under a registered sale deed and for consideration, and who has been put in possession by defendants Nos. 1 to 4, has a right to enjoy the land in question and therefore the Trial Court rightly did not restrain defendant No. 5 from dealing with or disposing of the suit land.

(3.) So far as the judgment delivered in case of Nitinkumar Laxmidas (supra) is concerned, it declares that a suit for specific performance under an unregistered agreement to sell is maintainable. In the instant case, the plaintiff has approached this Court after about 13 years and that too when a bona fide buyer was put in possession and who had purchased the land under a registered sale deed and therefore in my opinion, prima facie the plaintiff could not have been protected or could not have been granted any interim injunction by an interlocutory order at the threshold of filing of the suit. In my opinion, therefore, the said judgment would not help the plaintiff.