Suit for specific performance
jitender pawaria
(Querist) 16 September 2011
This query is : Resolved
All Respected Members,
One A filed a suit in 2002 Against B for Specific Performance. after filling that suit court issued stay order regarding alienation of suit land. but B sold suit land to C during the pendency of suit. but in 2005 A`s suit dismissed in default. During this period C futher sold this Land to D and D sold this land to E. now in 2011 E transferred this land on lease for 25 year in favor of Public limited company. But A went into 1st appellate court against the order order of Trial court his appeal was also dismissed. Then he went in to revision before the Hon`ble High Court. In revision Hon`ble High Court restore his suit in interest of Justice.
After restoration of suit A issued a letter to Company that the suit land is under the court order or if u further setup his office then the court will initiate contempt proceeding against you.
Now my queries is that can trial court initiate contempt proceeding against company because when company execute the lease deed officials of company checked all revenue record and no stay order found against the land.
Now what remades available for company to protect his possession.
ajay sethi
(Expert) 16 September 2011
in 2005 suit was dismissed . under the circumstances there was no stay when plot was sold by C to D and E and company
when was suit restored by High court ? whether stay was granted?
sale by B to C when stay was in force amounts to contempt of court .
as far as company is concerned it was not aware of any stay order granted by court . but the fact that remains that sale by B was in contravention of court order .
you will have to move an application to the high court for directions . you should offer to deposit lease rentals in court .make an application for being added as a party to the suit
adv. rajeev ( rajoo )
(Expert) 16 September 2011
Suit was dismissed for default, but on the same day it is not restored by the court. It shows that plaintiff didn't make any effort to get the suit restored and it is wonder how come he approached the appellate court instead of filing miscellaneous case to get restore the dismissed suit.
When suit dimisses automatically all interrium orders wont be intact.
prabhakar singh
(Expert) 16 September 2011
Now my queries is that can trial court initiate contempt proceeding against company because when company execute the lease deed officials of company checked all revenue record and no stay order found against the land.
Now what remades available for company to protect his possession.
And My Answer IS::::
No contempt can be assumed to have been committed by the company or its officials,in view of the fact that they were not the parties and no order against them was passed and they did not disobey any order of court mandated to them.A FREEZING INJUNCTION ACTS 'IN PERSONAM'.
So far possession of company is concerned or right or title of any subsequent buyers are concerned, all shall be subject to the FINAL DECISION MADE IN THE SUIT.
IT WOULD BE APPROPRIATE ON THE PART OF COMPANY TO BECOME PARTY IN THE CASE AND START DEPOSITING LEASE RENT IN THE COURT AFTER SEEKING DIRECTIONS OF THE COURT BECAUSE BEING IN PHYSICAL POSSESSION OF THE LAND AND HAVING RAISED VALUABLE CONSTRUCTIONS ON IT,PLAINTIFF MAY HOLD IT FOR DAMAGES.
jitender pawaria
(Querist) 16 September 2011
Thanks all of you.
but sir regarding your ans. in which court i moved an application u/o 1 r 10 to become a party in trail court or in high court and which court issue direction for depositing the rental amount.
prabhakar singh
(Expert) 16 September 2011
trial court means where the very suit was filed,that is civil court,civil judge either junior or senior division subject to pecuniary limits,the former might be enjoying suits of a value of Rs.500,000/=while the later has unlimited enjoyment.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
U have to move for stay de novo. However, I think U have little choice but to go for compensation. Your conduct of the case is one of indolence.
