The House Owner and Builder executed Collabortion AGreement for construction of house with top floor as a price (or consideration) to the Builder. Sometime later, The Builder, running short of finance, enteres into an AGreement to Sell with another person for the same top floor. The Builder goes for a Suit for Specific Performance by court of Law. The outside person being in a tight posistion takes possession of the flat by giving mone to the Owner but does not delcare it. The Builder DIES WITHIN TWO MONTHS after the the suit institutted and LEAVES A WILL in the favuor of his monther as legal representative. Appllication by the Person having an AGreement to Sell witht he Builder in the court of las under order 1 rule 10 of CPC has been dismissed. Proceedings of the CASE between the Owner and Legal REpresentative (Builder's mother) is at Evidence Stage.
WHAT IS THE WAY OUT ? THE ADOVCATE HAS SUGGESTED TO SEEK A PERMANENT INJUNCTION SINCE I HAVE THE POSSESION OF THE FLAT.
