Can unregistered SPA holder sue in Court ? any landmark judgment?

10 months ago

All names used as example: In exchange for 20 lakhs (Cash) in August 2018, Mr. Ram executed a general power of attorney (unregistered and without any witnesses) over 120 square meters of land in Mrs. Reena's (his daughter-in-law's) favour. The ground floor will serve as parking, and the first, second, and third floors will each have two one-bedroom apartments, according to a collaboration agreement (unregistered and not notarized) that Mrs. Reena made with Mr. Raju (the builder) in Sep, 2018. In accordance with the terms of the agreement, Mrs. Reena and Mr. Raju will each receive three flats upon completion from 6 units and parking is common. In 2019 the project was finished according to plan, but Mrs. Reena insisted on adding tiles and other fixtures, which caused a disagreement between Mrs. Reena and Mr. Raju (Builder). Later in 2019, Mrs. Reena executed a Special power of attorney (unregistered without any witnesses but notarized not visible reg no.) in favour of Mrs. Gita (wife of Mr. Ram) to sign as purchaser in respect of property (land) to sell/agreement/ownership/legal. Later in 2020, Mr. Raju (Builder) sells A, B, and C his portion of the flats via GPA (unregistered) based on collaboration agreement and half payment was done online directly to Mr. Raju account. Mrs. Reena also sells her apartments through GPA (unregistered) to P, Q, and R in the same year. As per Electricity and water department, Mr. Ram is still real owner of Land. Since 2020, all 6 families will reside in their apartments.

Issue: In 2023, Mrs. Gita filed a suit behalf of Mrs. Reena for Specific performance (recovery of possession) U/s 34 of Specific Relief Act against defendant No. 1(Mr. A) and defendant No. 2 (Mr. Raju) and threating B and C for future lawsuit.

Q.1 Whether Mrs. Gita (unregistered, no witnesses and notarized but not visible) SPA holder can sue in Court?
Q.2 What will the best defence strategy you will apply in Written Statement to save Mr. A’s possession?
Q.3 Is there any counter- claim you suggest against Mr. Reena, Mrs. Gita or Mr. Raju?
Q.4 What are important fact you point out in favour of Mr. A?
Q.5 What are grounds that, this suit should be dismissed?