hi
the below is from a real sitution..used party A,B, C for ease of understanding -
party A sold a property to party B and B sold to party C.
party A had a encroacher and he got a injunction order against the enroacher. case still pending in court n tamilnadu district court..
soon after getting the temporary injunction order to vacate the encroacher, party A sold property to party B for low rate.
party B sold property to party C for double the rate.
now,the original encroacher(also a legal heir of the property) issued notices to all party B and partyC.
so, how should part C handle this,
party C did all procedures by having a legal review done/reference checks before buying.and there is no where it says there was already a pending case and that only temporpary injuntion was received and was given a clean GO to buy the property.
party B also didnt tell anythng about this to party C.
EC was also clear - nothing show in EC about any litigation or other owners or encroachment.
so,in the above situation,what should have been the correct proedure that party C,who is innocent,should have followed or what else could he have been done to know of the existing court case..
