Suit for mandatory injunction and declaration

Guest (Querist) 24 October 2011 This query is : Resolved
R agreed to sale his tractor and trolly to G and R executed the agreement with the G For sale of tractor and trolly. But R overwrite the no. of trolly then again R executed another agreement to the G for the same tractoe trolly and R mentioned another no. of trolly in second agreement. This Fact came to knowledge of G later on he(G) inquired with RTO authority about the real no. of trolly. G learned that the no. mentioned in the both agreements are in the name of different persons therefore G issue notice R about this controversy and called upon to R execute the necessary documents in the name of G but R failed to comply with the notice hence G filed suit for mandatory injunction and declaration for execute necessary documents on the name of G. Whether suit for mandatory injuction and declaration in this circumstances is teneble plz give case laws.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 24 October 2011
Since the subject matter of the property does not belong to the seller , the suit for mandatory injunction would not lie nor the decree of declaration would be of much help.

You have to file suit for recovery of your money.
You can file criminal case for fraud, cheating as well.

adv. rajeev ( rajoo ) (Expert) 24 October 2011
I go with the suit for recovery of money as advised by Barman Sir,

prabhakar singh (Expert) 24 October 2011
The suit is misconceived.Only money paid can be realized to gather with interest but after serving notice for that. Criminal cases of fraud and cheating may also be filled if agreement and RC book records were tempered.

Sachin Bhatia (Expert) 24 October 2011
Remedy remains in both civil and criminal litigation:
In civil you have to file Suit for recover.
In Criminal file a complaint of fraud, cheating.

Devajyoti Barman (Expert) 25 October 2011
Dear Mr Rajoo, please do not call me 'Sir'.
We all are colleagues here and stand on equal footing.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries