Specific performance
Mnselvaraaj
(Querist) 14 November 2012
This query is : Resolved
REAL PROBLEM
'A' ENTERED INTO SALE AGREEMENT WITH 'B' IN THE YEAR 1995 FOR SALE CONSIDERATION OF RS.5LAKH 'A ' RECEIVED RS.3LAKH AS ADVANCE. 'A' FAILED TO EXECUTE THE SALE AGREEMNT TO 'B; IN TIME
WHEN SALE AGREEMENT BETWEEN "A" AND "B" IS IN FORCE ,'A' GAVE GENERAL POWER OF ATTORNEY TO 'C' IN THE YEAR 1998 FOR THE SAME PROPERTY SUBSEQUENTLY "C" ENTERED INTO SALE AGREEMENT WITH "D" FOR SALE CONSIDERATION OF RS.3LAKH.
Note the point :-
sale Agreement between "A" and "B" is Rs.5lakh
Sale Agreement between "C"and "D" is Rs 3lakh where A,C and D are from same family
"B" sent a legal notice to "A" calling upon to execute the sale as per sale agreement "A" is not ready. Then"B" filed specific performance suit against "A".
When suit is pending " D'" filed a suit against "A" and "C" praying to execute the sale suppressing the suit filed by "B". A,C and D became collusive in their suit then filed joint memo to get decree in favour of "D"
"B" already obtained ad interim injunction for not alienating the suit property. when suit and ad interim injunction is in force A,C and D encumbered the suit property through their suit.
"B" impleaded "C" and "D" as parties in her suit. trail conducted C and D set expartee. "A " contested the suit. suit was decreed in favour of "B" with absolute injunction.
"A" went Appeal against "B" suppressing the encumberance in memorandum of appeal "A" impleaded C and D as respondent. Appeal allowed in favour of "A".
when decree and injunction and appeal suit are inforce A,C and D sold the suit property to third person is it valid.
please comment on this problem what is solution for "B"
Thanking you
Sundaram
ajay sethi
(Expert) 14 November 2012
sale is invalid obtained by playing fruad upon court . B has decree in its favour . B should move court for setting aside appellate court order . draw attention to decree obtaineed in his favour
R.K Nanda
(Expert) 14 November 2012
contact local lawyer.
Rajeev Kumar
(Expert) 14 November 2012
Ajay have well guided you.
Raj Kumar Makkad
(Expert) 15 November 2012
You should file an application under section 340 of criminal procedure Code against A, C & D who not only made fraud with you but also with the court apart from seeking setting aside the sale made by them with possession and registration of sale-ded in your favour.
