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kartik (partner)     08 March 2011

Sued after 5 months of executing sale agreement

hello,

i had purchased a  property before 5 months,made all the relevant payments, executed registered sale agremment, got possesion, got posssesion letter signed from seller, seller signed form d135 at time of sale agrement.got a decree from district civil court, that he has got all his payment and henceforth he is handing over the property  and posssion to me and he has no objection to it and if at all any objection be raised in future, it should be considered null and void.

now after 5months he come to know i m going to resale the property and sues me that i have not paid all the money. wereas all the money mentinoned in sale document has been already paid. he files a petition in civil court to get a stay by just mentioning a amount double than that mentioned in sale sale agreement and says i have not paid remaining amount. no other supporting proof..

now i have got a summons, and the buyer i had, has become hesitant to buy the property since he had given a notice in newspaper about filing of the suit...

my question is

1)can anyone file a suit against anyone, just like that....

2)can he get a stay order...

3)how long on an average can such a case lasts....



Learning

 3 Replies

kartik (partner)     09 March 2011

can someone please help me....

Yogendra Das Yadav (advocate)     09 March 2011

1. yes anyone file a suit against anyone, just like that.

2. no he can not get a stay order

3.aprox two year an average can such a case lasts....

kartik (partner)     09 March 2011

thank you so much yogendra das ji . your frank and clear cut  advises are very satisfying. thank you once again.


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