Dear All,
I have the following query:
I have entered into an agreement to purchase a land in 2002 and duly registered in the office of the Sub-Registrar and I also caused to publish a public notification regarding the same. I also took over the possession of the land in question thereafter. After elapse of the mandatory period, one gentleman lodged in writing his claim over the part of land wherein he mentioned that his father purchased the said land by virtue of a deed of conveyance in the year 1980, but on demand, he failed to produce the chain deeds, mutation certificate and/or land revenue payment receipts. In the meantime, my vendors filed a title suit for injunction (not to disturb the possession of land ) and cancellation of the conveyance deed of year 1980 wherein I was made proforma defendant. Upon hearing the matter, the court ordered status quo to be maintained in respect to the possession. Now, upon searching of the entire records of Registrar Office and the records of rights of Land Revenue Department, it is well-established that the gentleman in question was cheated by his vendor in the year 1980 because his vendor did not have any right, title and interest over the said property. The gentleman is lingering on the legal suit in the court on one pretext or the other.And my vendors also are trying to club with him in order to deprive me. Simultaneously, my vendors are pressing me to pay the balance consideration amount to them and get the same registered. It is here to be noted that I have paid full stamp duty on the value assesed by the registrar at time of agreement registration. The said property is a vacant plot of land, which is currently in my possession by virtue of terms and conditions in the agreement. I am also paying the land revenue to the government on behalf of my vendors.
1. During the subsistence of the status quo order, could I take the conveyance by paying out the balance consideration on the same?
2. What are the best legal remedies available to me to protect my possesssion and right to conveyance?
Your replies will be higly appreciated.
Navin Gurg
