Status Quo granted against defendant, applicable on Plaintif
Querist :
Anonymous
(Querist) 30 July 2018
This query is : Resolved
Respected Experts !
Following is my query:-
Facts are :-
1. "A", a tenant is occupying the suit premises.
2. "B" is a co-owner of said suit premises, whose title is absolutely clear and not disputed anywhere. He is also the landlord of "A".
3. "C" is an alleged co-owner of said suit premises, whose title is under cloud and challenged.
4. 'D" is a person who purchased the suit premises from "C" (whose title is under cloud).
"A" is still in possession of the suit premises. Even after the sale/purchase done by "C" & "D".
Said transaction coming to the knowledge of "B", "B" instituted a suit for declaration (cancellation of sale deed) and mesne profits. He also moved an application before the court to restrain C & D from alienating, transferring etc. of suit premises.
Consequently the court passed an order that "the defendants are directed to maintain staus quo in respect to title and possession of suit property"
The Order is still subsisting.
After few years of this order and during the pendency of said suit, "A" vacated the premises and peacefully handed over posession to "B". Consequently, "B" entered into an agreement to sell to a third party, in regard to suit premises only, and for a certain consideration put him into the posession of suit premises.
Consequently, "D" moved an application before the court that "B" has disobeyed the status quo order and he be punished forthwith.
My questions are:-
1. Whether the order passed by the Honorable High Court is binding on "B" as well ?
2. If No, then clarify why not and also acknowledge me certain citations.
3. If Yes, then what is the best remedy available to "B" and the third party who purchased it ?
Kindly Consider and Reply accordingly.
Thanks.
Dr J C Vashista
(Expert) 31 July 2018
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R.Ramachandran
(Expert) 31 July 2018
The status quo order is binding on B also.
