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Ritwik (Senior Tech support officer)     20 January 2015

Civil case

There's a case of Specific Performance which has been going on in the court since past 25 years and no results till now. A person borrowed a particular sum of money in lieu of his immovable property and later on refused and now claims that his state of mind was not good at that time.

What is the resolve.



Learning

 4 Replies

Jayashree Hariharan (Advocate)     20 January 2015

How come specific performance dragged on for so many years?do you have an agreement towards the loan, immovable property as security etc? based on that you could have filed for recovery or told him to register the property in you name, or whatever has been mentioned in the agreement. I guess this is too long a period you have let him be.

 

if he says he was not in good mental condition, he should prove it beyond doubt. do you have witnesses to negate that?

n.arunagiri (Retd. pensioner )     21 January 2015

I bought a housing site 14 years back approved by Panchayat Union. now the president is claiming that the land is mend for public purpose. initially the seller has not disclose it to me.  it is kept vacant land only.when gone there for fencing the plot, the president is preventing me. I have patta, chitta and tax receipt. I want my land for constructing a house. I wish to know the legality behind. I have also gone to court that if it is public purpose, which was not used for past 14 years.  colony have been developed. I wanted a legal opinion with case law and decided judgements if any. thanks  

T. Kalaiselvan, Advocate (Advocate)     22 January 2015

@Arunagiri: Have you purchased the property by a registered sale deed?, if so, you may have to approach the court with a suit for mandatory injunction and not to interfere in your peaceful possession and enjoyment.  What was the case that you have filed and n ow pending before the court?

T. Kalaiselvan, Advocate (Advocate)     22 January 2015

@Ritwik:  It is unbelievable that the suit for specific performance is pending for over 25 years.  If so, you would have been more experienced in the litigation than to seek any opinion here on that.  Well what is the stage of the case?


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