I have purchased flat in 2007, regd sale deed in my favour, also home loan (ICICI) transfered on my name from seller, after the registeration seller ask me to give some sometime to vacate the flat, initially i denied but when he insisted me make an registeed rent agreemant for one month (paying stamp duty of 11 month) and he will vacate the flat within one month, But after one month waht i came to know that some other person's care taker is in the flat and claims that he has already purchased the flat two year ago, he is having agreement of sale, letter of possession and reciept on Rs. 50 stamp paper.
After this he filed case of specific performanace, all three seller, me and occupant appear in front of judge, where seller assures the court that he will pay the amount with interest within six months, agreement made and signed by judge,
After six month seller claims that he could not able to arrange money, give me some more time, three months given.
But after three month, same story in the meanwhile occupant filed contempt of court, also now seller stating that he has not sold this flat to occupant, all these docoment are fordged and fabricated, he has taken loan of which he is paying interest, he has presented all the detailes of transection (through cheque) and the case is going on.
Now i am the ultimate sufferer, i am paying the home loan EMI regularly, even judge suggested me to file the case for recovery of rent, damages and possession so i done the same.
I wanted to know what will going to happen in the specific performance case and will judge consider this as loan transection or not.
