subsequent sale
V.G.Rao Advocate
(Querist) 10 October 2008
This query is : Resolved
Hi all,
One "A" purchased property From "B" through Regtd Agreement of sale cum GPA by paying entire sale consideration,and "B" delivered possession,but unfortunately as "B"'s Link Document was misplaced She could not handed over the same to the "A" at the time of Regisration of AGS cum GPA, and subsequently "A" sold this property to "C" and "C" is in continuous possession ever since the date of purchase of property through his tenant, and "C" also mutated his name in Electricity department and Municipal tax dept, and he also paying the same uptodate without any default, while matter stood thus subsequently all of a sudden "B" suppressing the said fact sold the same property to "D" and handed over him her Link document,but she could not deliver the physical possession to "D" since "C" is in possession of the said property under Regt sale deed which is much prior to the sale deed of "D". Thereafter "D" started threatening "C" that he is going to dispossess him illegally and forcibly if he fails to vacate and hand over the possession to him, whereupon "C" has filed a civil suit for perpetual Injunction and got obtained Interim order that "Respondent shall maintain Statuquo till some date, in mean time "D" with malfide intention went to the electrcity board and bribed them and got cancelled the name of "C" in the current month bill, and made them to issue bill in the Name of "B",and paid the bill amount well in advance and obtained receipt before issuance of bill to "C", and after receipt of Bill By "C" he lodged a complaint explaining all the above facts and the said complaint is pending for cosideration of ADE of elctricity dept. Now My question is mere change in the name of current month bill will effect the case of the "C" filed against "D" and further what other legal actions can be taken against "D" to prevent all his illegal activities to safe guard the property of "C". please answer me as early as possible the matter is very serious, and mean while "D" may try to change "C"'s name in every department and to prevent him to do the same what can be done. please it is urgent
Jithendra.H.J
(Expert) 10 October 2008
no santitiy can be given to the documents comes into existance after filing of the suit.
you can file application under o.39 R 2A of CPC in the above suit.
issue notice to all concerned offices and state about the pendency of the suit and request them not to make any alterations otherwise your client will approach the court of law seeking appropriate relief agianst them
Shyam Ji Srivastava
(Expert) 11 October 2008
Dear Rao Saheb,
Mere change of the name in elect. Bill/House Tax etc has no effect. No title can be passed on the change of name
in these department.
You can file Declaratory suit in the court of Civil Judge Senior Division alongwith injunction and dear I hope you
will win the case.
SHYAM JI SRIVASTAVA
ADVOCATE
09839028040
