Law: Specific Relief Act, 1877

Section: 39

Law: Transfer of Property Act, 1882

Section: 54

Law: Registration Act, 1908

Section: 49

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Specific Relief Act (I of 1877)--- ----S. 39---Transfer of Property Act (IV of 1882), S. 54---Registration Act (XVI of 1908), S. 49---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for cancellation of un-registered document---Rejection of plaint---Scope---Plaintiff filed suit for cancellation of un-registered document---Validity---No right had accrued to the defendant under the un-registered agreement of sale sought to be cancelled through the High Court---Mere agreement of sale did not confer any right in favour of buyer--- Suit was hit by O. VII, R. 11, C.P.C. as no cause of action could ever accrue to the plaintiff to approach court of law for a decree of declaration and cancellation of same---Plaintiff had filed the suit to harass and coerce the buyer through the frivolous suit and might be to pre-empt a suit for specific performance---Such was clear abuse of process of Court, therefore, the suit was…

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