Bench: Y.B. Choudhry, J.
FACTS
The appellant, Ghulam Ahmad, filed a suit for a declaration that he was the owner of certain immovable property and for a mandatory injunction to restrain the respondent, Ghulam Qadir, from interfering with his possession. The respondent filed a preliminary objection, claiming that the suit was not maintainable as the agreement of sale between the parties was not registered in accordance with the Registration Act, 1908.
ISSUES
Whether the unregistered agreement of sale between the parties is valid and enforceable?
Whether the suit for a declaration and a mandatory injunction is maintainable even though the agreement of sale is not registered?
JUDGMENT
The court held that the unregistered agreement of sale was valid and enforceable. The court reasoned that the agreement was a purely family arrangement and did not involve any transfer of ownership rights. The court also held that the suit for a declaration and a mandatory injunction was maintainable as the agreement of sale was capable of being proved by other means, such as oral evidence.
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