Siut for specific performance
Goud
(Querist) 03 February 2016
This query is : Resolved
hi ,
here there was suit filed on my mothers name for specific performance stating we agreed for a sale deed to sell our land and also created forged document with my mother and father sign on it which clearly shows it is not .
and the suit was filled by my mother own sister stating that my mother agreed to sell property and received 80% of amount in 4 years and now requesting for registration they approached court and recently that suit was dismissed for default .
now again they filed a counter within 30 days stating they were not aware of the date and advocate thought it was 29th instead of 2nd asking court to reopen the case so please suggest me what to do on this .
*EC is on my mothers name
*plaintiff is in position
as our land is just beside there house
Anirudh
(Expert) 03 February 2016
It is for the court to consider whether the ground for non-appearance stated in the application is genuine and acceptable. Depending upon that either the application will be allowed and suit restored, or application rejected.
Goud
(Querist) 03 February 2016
but I also want to know what to do, to make them leave the position.
P. Venu
(Expert) 03 February 2016
Your advocate can file objection. But it will be to your advantage, in the light of the facts stated, that the issue is decided on merits.
Adv. Yogen Kakade
(Expert) 03 February 2016
Kindly state the details of the agreement executed for which the suit of the specific performance is filed.
Rajendra K Goyal
(Expert) 03 February 2016
Ask your lawyer to oppose the accept the request of other party. If allowed. let the case be decided on merit.
