Settlement of issues & proceedings u/s 89crpc
ranjan
(Querist) 30 October 2014
This query is : Resolved
I have a property which I bought year-01 ,has dispute , my lawyer file Title suit(in year 13) against the person who also has the registered the same property (land) through different person within the same family tree in the year -09 .from last two years the case came to Settlement of Issues & Proceedings u/s 89crpc stage. In the mean while other party sold the land to third party.
Is it true that if u sell the propoerty during pendency, such sale is void by sec 52 of transfer of property act. Does my case fall under this category, as I did not file INJECTION IN THIS CASE.
How good is the Idea for first got the title then go for eviction suit ?
When I talked to my lawyer it says now the case will open for gavahi, How much is the time left ,is it going in right direction.
Please help.
Devajyoti Barman
(Expert) 31 October 2014
You need not file any suit for eviction.
Sale during the pendency of suit does not make the sale void but make the buyer subservient to the terms of decree passed in the suit which is called ' lis pendence'.
Now you can apply for adding the new buyer as party to the suit
ranjan
(Querist) 31 October 2014
I don’t have words to thank you, for your valuable time. Thanks a Lot.
I want to put some more details ….But in the public forum; it will not be good to share all this information. Few more doubts…
1. What is the right of A if A bought the property from B in Y01? In Y03, one of his siblings C files PS to B without making party to A. Y12 decree awarded against B.
2. Is this the correct way of fighting civil suit, asking court to declare the Title without asking for injection? Other party keeps on doing what he wants like putting boundary wall, selling the piece of land. How I can protect my right. Lawyer telling let title declare in our favor then we will ask from court to vacate the land.
3. Will be it any problem in future if I sell the land with taking this all consideration?
T. Kalaiselvan, Advocate
(Expert) 04 November 2014
1) When A knew that C has filed a partition sit against B on the same land purchase by him, A should have impleaded himself as a party to that suit, however A can challenge the decree on the basis of his purchase of the property brought in the PS.
2)In the absence of injunction, the opposite part will be doing all such nonsense things in the schedule property, hence an injunction application could have been moved, however, once the suit is decreed in your favor, you may demolish the structure by filing an EP.
3)No problem.
ranjan
(Querist) 04 November 2014
Thank You sir, It really mean a lot to me .
From your suggestion it looks like the case should be moved with injection, but my lawyer opted it without the injection, i donot know why? Any reason if you can suggest ....My be court fee or the land which i bought with registered deed has been proved Null and void with the decree of PS.
Was it not the good idea for Appeal in pS rather than filing Title declare .
Please advice.
