Specific performance case.
Rama Devi
(Querist) 05 September 2020
This query is : Resolved
Dear Experts,
Vishnu Vardhan Reddy (Land Owner) executed an Agreement of Sale in the name of Ramayya Chetty ( Agreement Holder) for 1200 sq.yards of land, in the year 2017. Since the said Vishnu Vardhan Reddy failed to execute a Registered Sale Deed, the said Ramayya Chetty ( Agreement Holder) filed a suit for Specific performance in the year 2019. Later he came to know that Vishnu vardhan Reddy already sold out the said land in the year 2018 to third parties and that Ramayya chetty, brought the purchasers, who purchased the property under Registered Sale Deed into the said suit as Defendants.
Now my point is, at this junction, (1) whether the court can pass a Decree of Specific performance in my favour or not.?
2) Since the property is not in the hands of Vishnu vardhan Reddy ( Land Owner), what should I have to do, even after passing Decree.
3) Or Shall I have right to cancel the said Sale Deed.
Plz. suggest me what I have to do.
Rajendra K Goyal
(Expert) 05 September 2020
You said:
(1) whether the court can pass a Decree of Specific performance in my favour or not.?
Reply:
Depends on the facts, documents presented before the court. No confirmation in the given circumstances.
You said:
2) Since the property is not in the hands of Vishnu vardhan Reddy ( Land Owner), what should I have to do, even after passing Decree.
Reply:
If decree passed in your favor, file execution against the defendants.
You said:
3) Or Shall I have right to cancel the said Sale Deed. P
Reply:
Purchasers are also defendants, court orders has to be seen in this respect.
Dr J C Vashista
(Expert) 06 September 2020
You are required to implead the vendee (purchaser) as necessary party to the suit.
Dr J C Vashista
(Expert) 06 September 2020
Did you not apply, sought and obtain ad-interim injunction restraining defendant from creating third party during pendency of the suit ?
Dr J C Vashista
(Expert) 06 September 2020
Your case is squarely covered under the doctrine of "lis pendens" which states that the major idea lying behind Section 52 is that in a suit, which is still pending in terms of its determination, the status quo should be maintained and therefore it should remain unaffected by the act of any of the parties to the suit. It makes it expressly clear that during a case wherein the dispute between any of the events is in regards to the right of any immovable property, such assets cannot be transferred by using any of the parties to the fit which as a end result might also affect the rights of the opposite birthday party concerned in the dispute.
This principle does not get eliminated after the dismissal of the suit.
P. Venu
(Expert) 06 September 2020
What is the relief sought in the pending civil suit?
