A plot of land allotted by Jaipur Development Authory on the conditions that it will be used only for residential purpose and it can not be sub-divided. But the plot is sub-divided, in one portion, a shop was made and in another portion is a residence portion. Now shop was sold on another date and registered at Registrar office and residence portion was sold and registered at registrar office on another different date.
In above conditions, when a plot which is subdivided as above and on leasehold basis and lease is for 99 years to original allottee or seller of remaining residential portion, which was purchased and got registered at registrar office in above method on 3rd june 2011, whereas the shop was sold by original allotee to some Mr. X on registry basis and Mr. X did not get it transferred in his own name from JDA, Jaipur and that Mr X sold the shop to the purchaser on 25-02-2009 on registry basis, the purchaser of both the portions of said plot is same person, but did not get transferred these two portion of said plot in Jaipur Development Authority, Jaipur by purchaser till date. The money suit was lodged in court in 2008 agaist the debtor/original allotte/seller of the remainng portion of residential plot. The suit is decreed against JD/seller on 13.05.2011. Under right to information act, JDA vide its letter dated 01-08-2011, informed that the plot is of original allottee/seller. Under execution petition order of attachment was made on 18-08-2011, the plot was attached on 19.12.2011 by Nazir. On 05-01-2011, the purchaser of two portions of same plot appeared in court with facts that she has purchased above plot in abovementioned dates 25-02-2009 and 03-06-2011, so that attachment should be got cancelled.
Whether without getting it transferred at the Jaipur Development Authority, the purchase of leasehold rights is complete on registry basis and the attachment order in abovementioned conditions should sustain or should be got canceled in your opinion .
