Defective Title
S RAJAKUMAR
(Querist) 31 July 2011
This query is : Resolved
My friend purchased a property in the October, 2006. He also got the patta transferred in his name. His vendors purchased the said property in the year 1988. In turn her vendor purchased the property in the year June 1985. The sellers in the year 1985 are said to be legalheirs of one Mr."O" who expired in the year 1941 leaving his only son and his legalheir. His son died in 1981 thus his wife and his children who are the sellers in 1985. Meanwhile three other people claims to be legalheirs filed a suit in city civil court which has no jurisdiction over the said property. The suit was dismissed for default for non-appearance of both plaintiff and defendant. Subsequently the suit was restored and decreed as exparte against the defendants. The prayer in the suit was The Sub-registerar and the Tahsildar should only accept and register the documents which bear the signature of the 2nd Plaintiff, no other documents should be registered.
The 2nd Plaintiff applied for an Execution Petition in the year 1995 in respect of the suit with the jurisdictional court and the same was dismissed as time barred in the year 2007. Meanwhile the 2nd Plaintiff filed another suit in the city civil court to adjudicate the earlier decree he had obtained in the year 1989. The same was dismissed by trial court as well as the high court claiming that the plaintiff is abusing the law. In order to create encumberance over the property the 2nd plaintiff mortgaged the suit property together with other properties valued in crores to a meagre Rs.1000/- in the year 2005. He also sold the property in April,2006 and thereafter in the year 2007 he released the property from mortgage. Now the property has got two owners from two different sale deeds. Kindly advise me who will be the real owner of the property and also provide me any case law available to reitrate the stand to be taken.
Chanchal Nag Chowdhury
(Expert) 31 July 2011
I really fail to understand how it all happened. A court lacking jurisdiction does not have the jurisdiction to pass even a correct order. All orders passed by such a court are useless & can be challenged as such even in the execution stage.
M/s. Y-not legal services
(Expert) 01 August 2011
As per your words if the suit filed without jurisdiction mean its a crystal case for dismissed in look at sight. You should be filed a petition under order 7 rule 11. For deciding the preliminary issue. You missed it. Its ok.
M/s. Y-not legal services
(Expert) 01 August 2011
Is any crp filed against the dismissal of your set aside petition? If no mean just do it. But you have to challenge the limitation act..
S RAJAKUMAR
(Querist) 01 August 2011
Thanks for your immediate guidance. I wish to know whether the executive petition filed is dismissed what will be the position of the original decree passed in the O.S. and whether the plaintiff in the O.S. can claim the ownership in the suit properties.
