Hi all,
"A" entered in to an agreement of sale with a partnership firm rep by its managing partner for purchase of property in the year 1998 and according to "A" he had paid entire sale consideration to the said partnership firm, but for the reasons best known to him he kept quite without demanding for enforcement of agreement of sale till his death in the year 2004. Thereafter the managing partner of the firm was also died in the year 2006. It is pertinent to mention here that none of the legal heirs of the said managing partner of the firm were joined as partners in the said firm as on date. Moreover son of the said managing partner is presently working as a software engineer in a reputed MNC.
While matter stood thus the Wife of "A" i.e purchasers wife has got issued a legal notice in the month of August 2012 to the son of the then Mananging parnter of the firm though he is not at all concern with the patnership firm nor he is involved in day to day affairs of the firm showing him as Present Managing partner to execute the register sale deed in her favor as her husband "A" already paid entire sale consideration in the year 1998 itself. However the notice was not received by the son of the then Managing partmer of the firm since the said notice is sent at the place where partnership firm was carried.
But however the son of the then managing partner all of sudden received notices in the month of January 2013from the consumer forum which was filed by the wife of "A" for Specific performance of agreement of sale where pryer portion reads as under
a) Direct the Oposite party to execute the register sale deed in faovr of the complainants
b)Direct the OPs to pay compensation towards rents paid by the complainants from the due date of proposed delivery of the property til date.
Now my question is whether the consumer forum is a proper forum to decide the above case, if yes provide me with a case law or if not also p[rovide me a case law its urgent.
