Specific relief act
Adv B.B.Gambhir #9814820602
(Querist) 05 October 2015
This query is : Resolved
Anu Bala filed a suit for declaration to the effect that the sale deed dated 15.01.2010 is null and void being without consideration and act of fraud and withou delivery of possession against Sukhdev Singh and for grant for permanent injunction restraining the defendant i.e. Sukhdev Singh from dispossessing and interfering in the possession of the plaintiff. In this case we are from defendant side and took the plea that we are in possession on the basis of sale deed. the said suit was partly dismissed in the year 2012 whereby the issue regarding injunction was allowed on the basis of non delivery of possession. Sukhdev Singh filed the appeal and the same was also dismissed. Anu Bala never filed any appeal. Now Sukhdev Singh wants to take the possession of the suit property how can he claim. Actually Sukhdev Singh never remained in possession.
J K Agrawal
(Expert) 05 October 2015
Dear Mr Gambhir
Your question is very complicated and not an easy task to answer.
Your client Sukhdev can not have more than what the seller was having.
AT the time of sale of land the seller was having no possession over land and that is why he could not given it to Mr Sukhdev.
The position of Sukhdev is the same. He is in show of previous owner. He is owner but Anubala is possession holder. Mr Sukhdev have following remedies:-
1- He can file civil suit against Anu Bala to dispossess her if her possession is not 'adverse' as per law of limitation.
2- He can prosecute the seller for cheating as no civil case is possible. it has passed limitation period.
3- He can obtain loan from bank, mortgage the land to others.
4- If you overcome limitation issue any way, you can file suit for recovery of sale consideration from previous owner.
In all you are a looser and no effective remedy is with you so compromise is a good way with you.
T. Kalaiselvan, Advocate
(Expert) 12 October 2015
I concur and appreciate the point wise clarification made by expert advocate Mr. Agarwal leaving no room to add any more information to the elaborate explanation made.
K.S.Srinivas
(Expert) 12 October 2015
Well advised by Sri J.K.Agarawal.
