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Sagar Tilak (PROPRIETOR)     17 May 2012

Everything except possession

Dear Sir/madam,

We bought a residential house property in a co-op hsg soc. in year 1987 by entering into an agreement to sale. It was a resale property. we paid the entire consideration in 1987 itself. The seller promised us that he will be handing over the possession in 1992. He was a married person of age over 65 years and did not have a successor. He submitted a copy of the agreement in the society office along with an application to transfer share certificate in my name. The society passed the resolution in a meeting and transferred share certificate in my name. I got my name entered in the records of municipal corporation records as well. However seller refused to hand over the possession in 1992. We were advised to go to Competent Authority. The Authority ruled against us saying it was not formed in 1987 when transaction tool place. We went to high court against the said order which went against us. Then we filed a suit in Small cause court ruled against us saying the agreement is neither registered nor stamped. then we filed an appeal with district court. During the proceedings, we filed impounding application to get the document stamped. Court allowed us the same, we got it stamoed with fees and penalty. However the court ruled against us saying entire consideration not paid though the seller himself had given the receipt of cheque on the last page of agreement. Now we can not file second appeal in high court as the suit filed is under Rent Control Act. Now we are planning to file Civil Revision Application. Do we have any other remedy?



Learning

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