About the possesion of the property
Adv M.D.Azhar
(Querist) 01 March 2013
This query is : Resolved
sir my fellow senior filed a case which sumarised here as under,
The plaintiff wanted to purchase a shop of the defendent and for that purpose bith have decided to execute sale deed but before making full payment plaintiff has give some of the payment to the defendent as part payment and the same was registered than after the defendant handower the said property/shop to the plaintiffand he had the possesssion of that shop but than after whern he asked further payment than defendant asked him to make him sale deed first since than problem arise, the plaintiff had to take loan from the bank and he was welling to pay buy the said property was already mortgaged by the defendant therefore the plaintiff asked the defendant to clear the tiltle of the property.Within that period plaintiff had doubt that he will asked to vacate the shop so he filed the suit regarding the injunction but before passing the order the defendant vacate him from the shop and took possession of the said shop by fore at night. Thanafter lot's application given in to the court for contempt. ultimately court has given the injunction to th in e plaintiff. than defendant moved to session court session court turn the judgment of the lower court so again the origenal plaiintiff who is appelant now preffered an apeal to gujarat high court to stay the order of the session court and all other operation, court has given this relief on first hearing now mater is adjourned and will be heared. Now plaintiff ha filed application in the lower court that, now the judgement of the lower court is survive and come in to the existance because the order of the session court is stayed by the Hon'ble High court so defendant filed the W.S. and raised the objection and submitted that, High court has just given the relief which is for the stay of execution and not decided the whole matter so that suck kind of application is not tenable before this court because the matter is still pending before the high court......
Now is ther any judgment of the Hon'ble S.C.court in the favour of the present appellant that he is entitle for the possession of the said shop.
Devajyoti Barman
(Expert) 15 August 2013
For citation you have to make some effort ans without knowing case details it is difficult to cite any decision.
prabhakar singh
(Expert) 15 August 2013
Do not treat this platform a hotel and experts as cook and your self to be customer here.
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