Sale deed executed through court...

Advocate.S.A.Siddiq (Querist) 16 March 2015 This query is : Resolved
In specific performance suit ..... as per agreement of sale ( property value 60 lakhs... loan borrowed Rs.3 lakhs from Private financier ) suit decreed in favour of plaintiff.... than sale deed executed through court (sub judge)..... now plaintiff filed execution petition for delivery of possession . Respondent refused to deliver the property . What is the next legal steps ???? pl Explain.... both side remedies......!!!

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T. Kalaiselvan, Advocate (Expert) 17 March 2015
What did you file EP for?, taking possession?, if the respondent is not obeying the court order, you can file a petition seeking break open (if locked) with the help of police protection. Once a sale deed has been executed, the respondent cannot object or refuse possession.

Dr J C Vashista (Expert) 17 March 2015
At the time of passing decree for execution and registration of Sale Deed (under the directions from the Court) why did you not ask for possession, which is an integral part of Sale Deed.
I agree with the expert advise of Mr. T Kalaiselvan, Advocate the defendant has already executed Sale Deed qua suit property hence cannot take any objection in physical peaceful vacant possession of the suit property. Move an application to the Court for contempt of Court.