Agreement to sell.
Adv M.D.Azhar
(Querist) 14 February 2015
This query is : Resolved
sir, In one case original owner A has given the P.O.A. to B to deal with the property or given all the rights which he had. Now P.O.A. has sold this property by way of agreement to sell to C and also deliver the possession to him. Now what A has done is that, It is in the knowledge of him that the said property is sold by way of agreement to C by B. So because the C was not the original owner on record so A sold out the said property to D with the malafiede intention and also to remove him from the possession of the land. Now C also file a suit before the civil court for praying that, defendant means D will not interfere in my possession but because of the error in the suit court has rejected his application for injunction. Because no prayer of specific performance was there. And the suit which was filed by the D for protection of the possession against D is granted. Now the suit which is filed By the D also seems defective because the prayer which is made in the suit is not for the deceleration, moreover relief of injunction application and suit is same so because the injunction relief is granted it's amount to grant whole suit. as held by the Hon'ble S.C. Now I want to urge before all experts that this is just done because one of the advocate guided to the all parties to do so and cheated with the C and B. so they left him, he intentionally filed a defective suit before the court because he wanted to ascertain the money form the all parties. Now matter is before me. I want to challenge both the order so i need to know that except certain merit is there another lawful grounds which i can plead in my memo such as agreement to sell which is notarized is also same value as the registered sale deed has. Another vital issue is that though registered sale deed is made the name of the D is not mutated in the revenue record. So sir please guide me and also help me and my client he want to take an action against the previous advocate so what he can do?
P. Venu
(Expert) 15 February 2015
I confess that I am unable to make head and tail of the facts involved in this query. Kindly place the facts without too much of opinion.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
You should understand the fact that the property was never sold by B to C, it was just a sale agreement that too an unregistered and notarized deed, having no legal validity. A being the owner of the property, might have revoked the POA to his agent and sold the property directly to D under a registered sale deed which is a valid title document to D. though D's suit may not contain the prayer for proper relief i.e., declaration of title, he can very well amend the prayer at this stage too. If you appear for C, since the suit filed by C has already been rejected by court, reopening it will be hit by res-judicata clause. Even if you file a fresh suit, the unregistered sale agreement will not hold ground to win the case. Therefore inspect the case once again thoroughly and decide about what can be done to procure relief to your client. In my opinion, you may file s specific performance suit with alternative relief to get back back the advance amount paid by impleading the B as well as A as parties.
Surrender K Singal
(Expert) 21 February 2015
Well advised by TK. D has to seek declaration of Title with consequental relief of possession.
