possession dispute
naveenraj jain
(Querist) 21 June 2014
This query is : Resolved
Sirs
Ravi got land alloted by govt n later sold entire land to prem thro sale agreement delivering the possession of property. After one year ravi also sold a site to kumar out of same property which he sold to prem vide sale deed.
Later ravi n family raised dispute for partition making prem as one of the party to suit. Court ordered in favor of prem.
Now after 22 years of settling the suit kumar is trying to construct. When confronted kumar says there is no stay from courts now and I have sale deed and prem has only sale agreement.
How to find a solution. Kindly help
naveenraj jain
(Querist) 21 June 2014
Kumar has never appeared nor impleaded in the courts.
Anirudh
(Expert) 21 June 2014
Is it true that Kumar has sale deed in his favour?
Pl. come out with facts on this aspect.
Rajendra K Goyal
(Expert) 21 June 2014
Consult a local lawyer and show him all the documents.
naveenraj jain
(Querist) 21 June 2014
Yes kumar has sale deed from ravi. But for only one site which includes the property decreed
Anirudh
(Expert) 21 June 2014
If he is having Sale Deed, did you challenge the same or not?
naveenraj jain
(Querist) 21 June 2014
No. Anirudh sir. Prem got to know after the court order when kumar started work.How is it binding on prem
Anirudh
(Expert) 22 June 2014
After coming to know about the existence of the Sale Deed, you have to file a case for cancellation of the same, and seek interim injunction restraining Kumar from doing anything with the property.
Without this,it will be very difficult to stop Kumar.
naveenraj jain
(Querist) 22 June 2014
Thank you..but does the court decree in favor of prem not sufficient to stop kumar from disturbing the property.
Prem has lost half his life fighting for the case and now he doesn't have strength to again go to court. Any other remedy
Anirudh
(Expert) 22 June 2014
Dear Mr. Naveen,
Please try to understand.
Suppose you go to the doctor with a complaint that you have a knee pain. Doctor gives you medicine.
Now after returning from the Doctor, you find that you have a tumour in your head. Will the medicine given by the Doctor for knee pain is sufficient?
prabhakar singh
(Expert) 22 June 2014
Ravi was original owner.
Ravi's 1st transfer is in favor of Prem.Thereafter Ravi sued Prem which terminated in favor of Prem against Ravi.
Now Ravi has transferred the same land or a portion thereof in favour of Kumar.
So even if Kumar was not party in Ravi's suit against Prem,the judgement is binding on Kumar too because he is claiming under Ravi who lost the suit to Prem.
But if Kumar is raising construction which Prem is not able to check privately or by police help,he has no option but to file a fresh suit stating his rights and result of litigation with Ravi and assailing validity of the sale deed of Kumar executed by Ravi without right.
naveenraj jain
(Querist) 22 June 2014
Thank you very sir. Prem has stopped the work started by kumar and sought for police protection.
naveenraj jain
(Querist) 22 June 2014
Awesome and superb explanation. Extremely straight to the point.
naveenraj jain
(Querist) 22 June 2014
Thank you to all the respected experts in taking your precious time for me
