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?