Regarding sale deed

manish gupta (Querist) 03 March 2012 This query is : Resolved
seller has received entire sale consideration but has not executed sale deed/lease deed civil judge has rejected suit for declaration and injunction but has accepted possession and occupation of the buyer.what is our status and what should we do?

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Adv.R.P.Chugh (Expert) 03 March 2012
Mr.Gupta,

Declaration was not maintainable in the first place as you did not seek the consequential relief of Specific Performance. Asking the court to declare you to be entitled to get sale deed in your favour is futile without the specific performance i.e the act of getting property transferred in your favour by executing sale deed. The Court in all probability has just recognised your possession, which you would be able to protect against dispossession based on the doctrine of part performance. However the same would also depend upon the date of transaction before 2001 - or post 2001.

In any case I would strongly advise you to serve a legal notice asking execution of sale deed failing which file a suit. Don't waste time - for delay defeats equity.

Feel free to ask more !

Deepak Nair (Expert) 03 March 2012
Well advised by Mr.Chugh

prabhakar singh (Expert) 03 March 2012
A suit of declaration and injunction lies only when title vests in plaintiff while in your case you had only possession over property in lieu of consideration paid hence court gave protection to possession.
Your requirement was to file not a suit of deceleration of title but a suit for specific performance for execution of a sale deed by the owner, which you did not,if time of appeal is left,file an appeal,and amend the relief clause accordingly,else a fresh suit may be deemed to be barred by order 2 rule 2 CPC.