Specific performance breach of contract
malasunder
(Querist) 10 July 2016
This query is : Resolved
Dear experts,
I filed a suit for specific performance for sale of property in 2005.
The suit was decreed by trial court for specific performance with cost on 2012.
EP was filed on 2013.
The first appeal was filed and EP stayed.
First Appeal was dismissed by the Madras High court with cost on 2015.
The Supreme Court dismissed the final appeal on 2015.
EP was revoked.
At this stage of the EP the son of the seller files a claim or objection Under Order 21, Rule 58, FALSLY stating that he has stake in the property since it is ancestral in nature.
The property was purchased in the sellers name when he was a minor of 14 years and today he is 60 years and all documents are still in his name including patta.
IT IS JUST A PLOY TO FURTHER DELAY THE PROCESS BY ABUSING THE SYSTEM
What should I do to speedily put an end to this.
Thank you in advance.
Kumar Doab
(Expert) 10 July 2016
Contest the claim of nature of property being ancestral/HUF.
Bring the facts before court.
Rajendra K Goyal
(Expert) 11 July 2016
There must be 3-5 Kg of papers, can not be explained in one para.
Without knowing full case details / related documents / court orders, nothing can be advised. Discuss with your lawyer.
