Maintainability of injunction
Santhosh kumar
(Querist) 12 December 2018
This query is : Resolved
suit schedule property is under slum clearance. Still no sale deed issued. A- absolute owner of said property was allotted a property in the year 1984 by slum clearance. then A sold his said property (441 sq.ft) to one B after getting the allotment receipt in the name of A in the year 1985 through unregistered document i.e 50 rs NJS. Thereafter B sold the property to C through the unregistered document in the year 2001. C is in the possession and enjoyment since 2001. But except the Gas bill no evidence available to show C's possession of the said property. A has 4 legal heirs i.e. D,E,F,G. One of his Legal heir D died. Now D's legal heirs i.e. wife, son and daughter claiming that property is their own property. Also showing that Allotment receipt in the name of one A and Supplying false statement that they are in the possession seeking injunction from retraining C from the property.
My query
1. Is this suit is maintainable under injunction?
2. What are reliefs to set C in the said property?
3. How to prove the property now belongs to C only?
Respected Seniors, Kindly may guide the ways to get the required relief.
BAALASUBRAMANNYAMM
(Expert) 13 December 2018
You are saying that the property is under slim clearance and thus no registrations are permitted by the Registering Authority of the concerned. And 2nd thing is, subsequent transactions are covered under un-registered sale deeds and thus an un-registered sale deed could not be given an absolute right to the purchaser. As such according to your version, "C" is not an absolute owner. Simply on the basis of a Gas Bill, it could not gives either right or title to "C". So Gas Bill is not a valid document, but it gives only a residential proof. So finally "C" has no right, title and possession over the property. In such a circumstances, he could not be able to get injunction order against the legal heirs of the deceased "D".
Santhosh kumar
(Querist) 13 December 2018
Thankyou for your valuable reply sir
Now the status is that legal heirs of D filed the permanent injunction suit against C. C purchased the said property is true. now in what are reliefs that Can Sustain C in the said property. any scope for C in this case to get the title or right of the said property.
Kishor Mehta
(Expert) 13 December 2018
It will be difficult for C to prove legal ownership rights, however he can claim tenancy/residential rights over the property by virtue of his possession, subject to applicable Rent Act of the State..
Dr J C Vashista
(Expert) 14 December 2018
The alleged sale transactions are invalid and illegal, which do not create any title.
