SAYANDIP DHAR Vs. HIMESH CHANDRA

JUDGEMENT

(1.) Mr. Saptangsu Basu, learned senior Advocate appears on behalf of the appellant.

(2.) This appeal is directed against the order no.2 dated 19th July, 2021 passed by the Learned 4th Civil Judge (Senior Division) at Alipore in Title Suit No.604 of 2021. The learned Trial Court by the impugned order had refused to grant the prayer for injunction primarily on the ground that the appellant / plaintiff cannot seek for an injunction based on an unregistered agreement. On hearing the learned senior counsel appearing for the appellant, we find that the subject property is a flat which is promoted by the third respondent / defendant and the first and the second defendants had been allotted the subject flat as they intended to purchase the same. The first and second defendant in turn entered into an agreement with the appellant /plaintiff for sale of the said property and it appears that consideration has passed on to the respondent nos.1 and 2.

(3.) The appellant 's case before the Trial Court as well as before us is that the agreement between the respondent nos.1 and 2 and the third respondent provides for transfer of allotment in terms of the general terms and conditions for the apartments in "URBANA " being Annexure "E " to the application for stay.