Manish 14 July 2024

Sale deed

Respected

I'm dealing with a property case . The facts of the case as follows -

My client ( seller) sold his agricultural land to opposite party ( buyer) but part payment of consideration was promised by buyer through post dated cheques which was well entered into registered sale deed.

Now later on the cheques dishonored for the reason of fund insufficient.

I am contesting the 138 N I Act case against the buyer.

Now my issue is that can I file a injunction suit before revenue court to restrain buyer not to sell further more to anyone the land

Mutation allready been registered in the name of buyer in revenue record Rajasthan

Please guide your younger brother

Regards

Note - there is a landmark judgement of supreme court that non payment of part consideration is not a ground of sale deed cancellation.

So I can't go for sale deed cancellation also .

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 14 July 2024

You file a suit for recovery of money simultaneously and in that you can file a petition for attachment of the property before judgement under order 38 Rule 5 CPC.

The object of invoking the above provision is to safeguard the interest of the plaintiff, if the court is satisfied that ultimately when a decree is going to be obtained by the plaintiff he may not be able to realise the fruits of the decree.

The main purpose of attachment is to force the defendant into appearing in court and answering the plaintiff's individual rights to use it.

Dr. J C Vashista (Advocate ) 15 July 2024

You have already stated to have put the law into motion by filing a complaint under section 138 of NI Act, 1881, wait for it's decision.

Despite the fact sale deed cannot be cancelled for non-payment of consideration, which you are well aware about latest legal position on the issue and need not eleborated, even than you can file a suit for recovery, alternatively declaration of sale deed as null and void for non-payment of consideration.

The facts and circumstances of the citation and your case has to be different, which you (or your lawyer) can plead

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 15 July 2024

Discretionary power: The court has the discretion to order attachment before judgment, and this power must be exercised judiciously. Order 38 Rule 5 CPC is a legal provision in India that deals with the attachment of a defendant's property before the judgement is delivered. the purpose of this rule is to ensure that the defendant does not dispose of or hide their assets to avoid paying the decree amount if the court rules in favour of the plaintiff.