Remedies available

Lakshay Sharma (Querist) 23 January 2016 This query is : Resolved
Dear Experts,
One of my relative entered in a agreement in 1999 for purchase of a plot and took possession immediately and got constructed home on that and living in that till date but did not got registered sale deed, now he filed case for specific performance, but during pendancy of suit seller sold it to third party. Now in court my relative could not prove the agreement and case was dismissed. Now what remedies are available with him to save his possession. Can third party get possession forcefully?

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Devajyoti Barman (Expert) 23 January 2016
Ask your relative to prefer an appeal against the decree in lower court.
In the appeal he can seek injunction against forceful ouster from the suit property.

Rajendra K Goyal (Expert) 24 January 2016
He should file appeal and meanwhile should try for mutual settlement with the purchaser.

Lakshay Sharma (Querist) 24 January 2016
But purchaser is not ready for mutual settlement. Secondly filing appeal and taking injunction may take time meanwhile can he take help of police.

Lakshay Sharma (Querist) 25 January 2016
But purchaser is not ready for mutual settlement. Secondly filing appeal and taking injunction may take time meanwhile can he take help of police.

Adv. Yogen Kakade (Expert) 25 January 2016
Rightly answered by the experts above.

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