The House Owner and Builder executed Collabortion AGreement for construction of house with top floor as a price (or consideration) to the Builder. Someimt later, The Builder for money goes an AGreement to Sell with another person for the same top floor. The Builder goes for a Suit for Specific Performance by court of Law. The outside person being in a tight posistion takes possession of the flat by giving mone to the Owner but does not delcare it. The Builder dies two months after the the suit institutted and leave a Will in the favuor of his monther as legal representative. Appllication by the Person having an AGreement to Sell witht he Builder in the court of las under order 1 rule 10 of CPC has been dismissed. What is tht way out for this suffering person to have his property in his name. The suffering person has not made default in making payment. what do you mean by a Declaration Suit and taking an order by court of law and settling the dispute with the Buidler (petitioner).
The Suffer is prepared to go any extent or make payment of legal dues to the petition if any.
With Kind Regards,