Writ petition
Sashi Kumar
(Querist) 07 April 2017
This query is : Resolved
A Plaintiff got a Writ Petition order passed by high court without informing or serving the defendant with the notice.
Who is responsible to deliver notice to defendant.
What can we do to cancel this order.
Sashi Kumar
(Querist) 07 April 2017
A unregistered sale agreement was cancelled due to plaintiff defaulted by not making the payment before specified date on the contract.
To file for specific performance suit The plaintiff got Writ from court to get the sale agreement registered because sub registrar refused to register the sale agreement.
Advocate. Arunagiri
(Expert) 07 April 2017
It seems that your defendant is not a party to the writ petition. only the SRO is the party. You can produce the order before the SRO and get it executed the sale deed registration.
Why do you want to send the copy of the order to the Defendant?
Sashi Kumar
(Querist) 07 April 2017
The sale deed was registered by the plaintiff without informing or getting consent of the defendant.
My question is how do we cancel the registered sale agreement which was cancelled before it was registered and which was done without the consent of the defendant.
Sashi Kumar
(Querist) 07 April 2017
Buyer defaulted to perform the sale agreement by not making the payment. Seller sent cancellation notice and cancelled the contract.
Because the sale agreement was not registered so the the buyer tried to register the sale agreement without sellers consent. The sub registrar denied it because they did not have seller consent.
The seller then got writ and used that to register the agreement without seller knowing about it.
Now somehow the buyer registered the agreement the buyer filed specific performance suit.
How do we cancel the registered agreement which was denied by the sub registrar and never received consent from the seller.
Dr J C Vashista
(Expert) 10 April 2017
You are buyer or seller?
What was the writ and what is the mandate? Why the seller was not a party to the writ petition and how High Court ignored, surprising?? You have stated that,"The seller then got writ and used that to register the agreement without seller knowing about it", could not follow actually what you meant by stating so?
Agreement to sell is "optional" for registration, which can not be registered by "sole" party, i.e., both parties to the agreement has to present the agreement for registration, correctly denied by SR.
Please discuss with a local prudent lawyer for proper analyses of the facts and guidance/proceeding.
Sashi Kumar
(Querist) 11 April 2017
Hello Dr JC Vashista, it was my typo mistake.
It was the buyer who got the writ becasue the SR denied to register and said to get permission from court and then only they will make decision.
So some how buyer got writ from high court without Seller's knowledge and got the sale agreement registered without seller's knowledge or consent.
I am Helping Seller with this issue because he is a senior citizen and has no knowledge how to proceed.
Dr J C Vashista
(Expert) 11 April 2017
Whether the Registrar/Deputy Commissioner/ State was a party to the writ or not? What is the order/mandate?
Whether the seller was also a party to the said writ? If the seller was not a party,he should move to the High Court for modification of order.
Case file is required to be inspected before giving opinion/suggestion/advise.
