Can we apply for declaration suit

sam (Querist) 30 August 2011 This query is : Resolved

Hi,
we have a site in annekal.
the three parties (vendors) have purchased 4 acres and converted/developed it has sites.
and the entire land is registered by two parties.
We have purchased a site from these two parties by GPA in the year 1990.
The defendant has purchased the same site from the third vendor who does not have right to sell or to execute GPA.
Now the defendant has constructed a house and is in position.
When we enquired about this the two vendors (who sold the property to us) told us that they will execute a sale deed towards us and suggested us to file a suit for declaration and possession.
Please suggest whether we can file a suit against the Defendant.
The defendant have the Following Documents :
GPA executed by the third vendor in 1989
Electricity bill from 2000
Where has we (Plaintiff) have the Following documents :
GPA executed by the previous vendors on 1990 ( two parties )
Sale deed executed by the same previous vendors in 2003
TAX paid receipts from 2000 to till date.

Please suggest whether we can file a suit for declaration and possession against the defendant who is in possession from 2003.
Thanks
Sam

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Raj Kumar Makkad (Expert) 30 August 2011
You can file suit for declaration against the subsequent buyers as well as against all the partners seeking declaration to the effect that you are only lawful owner of the demised property and subsequent sale is wrong, illegal and null and void executed by partners in collusion with each other for possession.

You can also file a criminal case under section 420 IPC against all those persons.

prabhakar singh (Expert) 31 August 2011
act as advised by Expert : raj kumar makkad

sam (Querist) 05 September 2011
Hello Sir,

Can we File declaration suit only against the defendant, and claim the property...??

In order to avoid the complication in the case.

Regards
SAM