Property suit - how long can it be?

You have posed a very complex question since the time to be taken in delivery of justice is one of the numerous gray areas in India which contain number of factors e.g., 

procedure to arrive at a judicious decision, availability, work load, diary, keenness of judge to dispose of the suit, 

cooperation and interest of litigants as well as behaviour of your/opposite counsel, etc. etc.

Hope you have possession and documents of the property, in such a situation enjoy otherwise no option but to follow judicial hurdles, fresh/next date of hearing,  dhakkey, and of course the money for contesting the case.

Dear Trubled Guy, 

You are not in possession of your own property, duly registered in ur name. 

u had not mentioned how and when the third party occupied it?

u had not mentioned who sold u with what condition. 

A syut for specific performance , and if u r cheated by not giving possession, and collecting all ur money by previous property owner, u can file criminal compl for breach of trust & cheating is very fast, and u can have quick result 

as rtly xpl by Dr. Vashista, it also depend on ur  Adv + court load. 

it seems  u knowngly purchased the property in third party possession, and owner did not give vacant peaceful physical of it to u.  Why shd u make that mistake? going cheap? 

that caused all trouble mr. troubled guy! be carefl next time.  U have to suffer for ur mistake. . may be 10 yrs. 

In which court has the eviction suit been filed...?Once the property is sold to you, the previous owner cannot be a party to the present eviction suit.As Mr Shroff had pointed out, the whole aspect depends on how long the tenant has been in possession of the said property.Pl go for negotiation with the tenant and obtain possession of your property

Hi

The case is in high court, when I purchased the flat that time we were told that the person is a tenant and will vacate in 15 days of time. I had a brief interaction with them when check out the house for the first time.

After the purchase, and registration of agreement (80% paid) we were told to wait 5 days and the posession will be given to us.

After which we never got the posession on the date specified and 20 days later we found out that the person residing in the place is not ready to vacate, the owner seemed helpless about it.

After much talk we found out that the person residing in the place was not a tenant but a buyer who attempted to make the purchase by paying some amount and getting the possession, after that he never paid any money to the owner and they decided to sell it to someone else (Which was me), after I purchased the flat all his money was paid to him and the same was produced in the court.

The person residing in the place has no lease and licence or registration or any proof of lease or ownership.

I have invested all my savings in this house and do not have a enough to negotiate with the third party, I also feel that I will be at a huge loss on negotiation with the extereme rise in the rate of the property. (4 years since purchase)

After trying all possible means I had to push the owner to lodge the case jointly with me, the owner is supposed to pay all the expenses incurred on the proceddings.

BTW the interim relief was somewhat in my favour where the person residing in the house had to pay a security deposit of around 10 lakhs and monthly 35K to the court receiver.

However the date for main case never comes on board, is this usual or is there a mischief played?

Pl check the court diary and find out when your case is posted for hearing.

I see that every time on the site, however when the date comes close, the date is moved to a next date. This has happned many times already.

Is your counsel appearing on the day of hearing..?

The day of hearing never comes... the date gets auto postponded.

like 30 April to 20 September ... then 20 september to 4 december. ....

Before which court has the case been filed...?  ( like munsif court,district court..)

None - directly in high court.

strange... eviction case directly beofre HC.

Nonetheless since the matter is in HC , you can ask your counsel to make an application for advancement of hearing

The property is worth more than 50 lakhs and hence the same is directly in HC

My counsel is not keen on application for advancement, it was already suggested by another advisor.

Though the  pecunary jurisdiction of some state HC's will allow you to file a suit before it, but the matters are getting delayed because of the huge work load there.Pl transfer the case from HC to a lower court. ( Fast track court's if available in your state)