Land lord sold the building but still continued the case.

Landlord has every right to sell his property. Even if it known to you what remedy can you derive out of it

Naveenraj, 

I am not questioning over his right to sell the property.

 

I asking, how can he continue the fair rent and eviction case after selling the property? (as he lost the ownership of the property) 

Go through my query before answering.

You have stated that the landlord sold his building while the case was pending i the court, why did you not bring this issue before the court that time itself?  You have stated that he won the case i the lower court as well as in the appellate court, what was your advocate doing then without arguing upon this issue?, did your advocate change sides? since yo have already lost the case in the appeal too, how do you think that you will be able to proceed against this at this stage?, What is police going to do with your complaint or what is your reason for complaint?Finally what is your query?

Ram, If the landlord has sold the property you can do nothing but point out in your appeal to high court with substantial proof of sale. the new owner has to initiate eviction proceedings all over again against the tenant. New owner can send notice to evict to existing tenant onlyafter one year of attaining ownership. Correct me if I'm wrong

Respected Naveenraj sir,

Your answer is correct, but now the fault is from my side, i.e. I started the query before getting the certified document copy. (Just now I got it). Actually it is not a sale deed; it’s a registered sale agreement.  (Our layer says, it is not executed till now)

We didn’t know about it (registered sale agreement) while the case is in the court. We have done EC several time, but it doesn’t showed anything.  We came to know about it just now.

Respected kalaiselvan sir,

You absolutely correct, our first lawyer took his side and ended the case within a year.

Second time, we are able to drag it for 4 years but still not able to win it.

My question is about his (land lord) false arguments, i.e. he said in the court, he want the property for running his business whereas in reality he entered into a sale agreement for higher profit. (He bought it for 40lac in 2008 and made the sale agreement for 1crore 40lacs in 2009, registered the sale agreement which was printed in Rs.20 stamp paper!!!  but not executed the sale. Really I am not able to understand his motto. I think a criminal layer could understand him)

 

He lied in the court and got the judgment in his favor. Now it is clear that he is not asking the property for running his business and he wants to sell it. So where should we appeal in the high court or in small court? And how much possibility for us to win the case this time? 

In the given situation, he seems to have entered into a registered sale agreement only and he has not yet sold the property, hence nothing is done to alienate the property except an agreement.  However, since his pleading before the court is that he requires the property for his own use but now he is trying to dispose the property, he has done a registered sale agreement during the pendency of the case before the trial court, he has played fraud upon court, this is a very valid evidence in appeal, have you stated the fact before the lower court or before the appellate court?, if not do it atleast now stating that you discovered the fact only now, chances that, if you impress the court that he has played fraud on court, you may win an appeal before the high court.

Sir,

Thanks for your generous help even in late hours. 

You are welcome for your appreciations.