who owns the property
naveenraj jain
(Querist) 02 October 2015
This query is : Resolved
Landlord sold one property by sale agreement and recd whole amount and delivered possession then filed a suit for partiton making agreement holders as party. The suit was dismissed with finding that the property is no longer available for partition since it is sold to agreement holders herein. During the trial agreement holder statement said he had sold the entire property to prospective purchasers. During the pendency of the case all the purchasers fearing litigation demanded their amount back. Which was done so by the agreement holder.
Now someone has tried to encroach a part of property stating that the landlord has sold him the property. When an injunction suit was filed by the agreement holder in the civil court the defendant in the injunction suit argued that the agreement holder has sold the entire land and as such he does not have any hold over the property. My humble request is whether the agreement holder need to show the court the documents which are taken back. Kindly help
naveenraj jain
(Querist) 02 October 2015
Or whose property does it belong to. Sale agreement is unregistered and application for suit for specific performance was rejected by the high court citing time barred and had said that rights has to be worked out in the partition itself which was eventually in agreement holder favor
P. Venu
(Expert) 03 October 2015
How you are related/concerned with the issue(s)?
Rajendra K Goyal
(Expert) 03 October 2015
Seems classroom problem, how are you related with the problem?
naveenraj jain
(Querist) 03 October 2015
My uncle is the agreement holder. The case was decided on section 53A of TP act
