X party decree

Sandeep (Querist) 02 April 2016 This query is : Resolved
I Bought a plot through a agreement to sale dated 21 Sep 2010 through First Party. After that I have sale deed as well.
but meanwhile first party made another agreement to sale with second party dated 29 Oct 2010. But no sale deed
My Agreement to sale is one month before the second party.
But Second party took x party decree on the basis of Agreement to sale
First party is saying he never received any summon
Can any one suggest any supreme court/High Court decision on rights of agreement to sale as my agreement to sale is much before and made full payment also with sale deed

Follow Query

Report Abuse

Guest (Expert) 02 April 2016
1) the Seller cannot in any case sell the same property twice. its a case of cheating and fraud.
2) you have the sale deed. you are the owner.
3) you did not mention anything about who is in possession. if you are in possession of the property and have a registered sale deed then there is nothing to worry.
4) if you dont have possession then you can take delivery of possession from the seller. if doesnt allow that then you can file suit for possession and declaration.

Sandeep (Querist) 02 April 2016
i am not in possession. i already filed case of possession and suit for declaration. i need help on higher court decision on agreement to sale. Sale deed happened during stay order for which i was not aware. So my only hope is agreement to sale. Second party only has agreement to sale which is also after my agreement to sale.

Guest (Expert) 02 April 2016
Better Consult A Local Good Senior Advocates with all Evidences/Records.

Devajyoti Barman (Expert) 03 April 2016
Citations are not supplied here.
It appears you have made sale agreement only which doe snot create any interest in the property.
You can now file suit for recovery of amount you have already paid the seller.

Sandeep (Querist) 03 April 2016
Sir let me explain again
"B" Bought a plot through a agreement to sale dated 21 Sep 2010 From "A". After that "B" paid whole amount and made sale Deed as well.
but meanwhile "A" made another agreement to sale with "C" on 29 Oct 2010. But "C" paid only Rs 1 Lac as agreement to sale.
Agreement to Sale of "A" is one month before the "C".
But "C" took x party decree on the basis of Agreement to sale
"A" is saying he never received any summon.
Unfortunately Sale Deed happened during Stay order which "C" has taken. But agreement to Sale between "B" and "A" is before stay order
Can any one suggest any supreme court/High Court decision on rights of agreement to sale as my agreement to sale is much before and made full payment also with sale deed

Devajyoti Barman (Expert) 03 April 2016
You also file a suit for declaration and injunction.
Since you purchased the property first the decree agaisnt A can not be executed.

I repeat we do not cite decisions here.

Rajendra K Goyal (Expert) 03 April 2016
Agree with the expert Devajyoti Barman.

Anand Bali Adv. (Expert) 04 April 2016
You said that you had a sale deed also in your favour after the agreement by the first party. Here I go with the advice of Mt Barman that you should go by the suit for declaration and and injunction for not to create any right in the above said property. You not have said about the possession of the property as who is in the possession right now. If you are not in the possession you can face a bit problem in getting possession if it is with the third party.
You can contact me through PM for any citation needed on this point.

Sandeep (Querist) 04 April 2016
Sir
it was plane plot. my father met with an accident. during that time he did construction.
i am not in possession. if as per expert ahave rights. why will I get problem

Sandeep (Querist) 04 April 2016
Sir
it was plane plot. my father met with an accident. during that time he did construction.
i am not in possession. if as per expert i have rights then why will I get problem

RAVI K GOUD (Expert) 04 April 2016
Mr. Sandeep,
1. whether the sale deed between you and the owner is got registered or not. if yes when?
2. When the case is filed and when the exparty decree is taken and only against the owner or others also. Whether you also party to the suit?
3. What are the conditions in your agreement of sale regarding the registration of sale deed? Have you complied the registration conditions from your end?
4. As the Executant and Property is the same, you can implead in the present suit as a party if you are not party to the suit previously.
5. If your sale deed is registered after meeting or complying the conditions of the agreement, your case is good one and not to worry.

For all reasons, it is better to look into the documents for the accurate opinion.

For any further queries call on +91 98491 01414.

RAVI K GOUD (Expert) 05 April 2016
Mr. Sandeep,

What made the owner to execute another sale agreement to second party. Is there any violation of conditions in the agreement from your side during the period between the two agreements of sale ?

I am unable to understand why are asking for higher courts judgments and for what purpose.

X party decree

Similar Resolved Queries :