Declaration suit

Rastogi (Querist) 21 December 2014 This query is : Resolved
During the pendency of the declaration suit by Plaintiff, if the property is sold by defendant(since RTC is in his name) and house is constructed on the same by the purchaser what is the implication of the same once case is decided in favour of Plaintiff?

will plaintiff required to file a new suit against purchaser again?

Follow Query

Report Abuse

Isaac Gabriel (Expert) 21 December 2014
The sale is subject to the outcome of the suit.Lis pendence.

Devajyoti Barman (Expert) 21 December 2014
To stop this probability the plaintiff should always pray for injunction till disposal of suit.

ajay sethi (Expert) 21 December 2014
did you seek injunction restraining creation of third party rights pending hearing and final disposal of suit? was any stay granted?

you will have to amend plaint and make purchaser party to the suit

Rajendra K Goyal (Expert) 21 December 2014
Contents of order need to be referred to advise in such case.

T. Kalaiselvan, Advocate (Expert) 26 December 2014
Even now if the case is pending, you may file an application seeking stay restraining the defendant from alienating the property till the disposal of suit. No doubt that the case once decided, in an EP, the plaintiff can claim possession of property and the sale during the pendency of the case will not bind the plaintiffs.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now