A friend of mine bought a plot+villa via sale cum construction agreement. The builder executed the sale deed for the plot and gave possession of the plot (in writing in sale deed). After that the contruction continued and towards the end they got into dispute due to breach of contractual timelines/terms... the house was to be constucted within 15 months or else the builder was to pay Rs.30K/month as rent which they didn't.... The house is 90% completed...
Now the builder says I am in posession while the owner(my friend) says I am in posession since the plot's posession was given to owner by the builder (in sale deed) which has not been taken/given away by any contractual terms.
I think the builder is trying to pressurize the owner to cough more more money by claiming posession...
Given the above fact who is legally in posession? (as per the law).
Thanks
