Execution for recovery of possession
Rohini
(Querist) 29 November 2013
This query is : Resolved
plaintiff filed a suit for declaration of title and recovery of possession under a registered sale deed against defendant. The plea of defendant is that the defendant and his brother purchased the suit land under simple sale deed from the same vendor.After full fledged trial the suit was decreed. The defendant preferred an appeal and it was dismissed and the second appeal is also dismissed infavour of defendant. Whereas the brother of defendant is not party to the suit. Recently defendant died. The suit land was in possession of defendant and brother of defendant. Now how the plaintiff succeed in recovery of suit land form the legal heirs of defendant and from the brother of defendant. please suggest me.
ABDUL RAZIQUE
(Expert) 30 November 2013
Mr Rohini,
Who purchased the land first from the vendor?
T. Kalaiselvan, Advocate
(Expert) 30 November 2013
There are lot of ways to take possession of the property, file an EP against the heirs of the defendant and not against the brother of the defendant
