We are representing a client who purchased a plot of land in the year 1995 from A, who had purchased the same from S in the year 1972. one N was a witness in the sale deed of 1995. In 2002 this witness N prepared an agreement to sell in his own favour allegedly executed by brothers n sisters of S, who had sold the land in 1972.
N got the sale deed executed through process of court by getting the agreement to sell specifically enforced in 2004. The decree was ex parte and our clients were not impleaded in this suit.
In the year 2005 N filed a suit for permanent injunction against us regarding alienation which was dismissed under order 9 rule 8, that order attained finality.
After this N filed a suit for declaration challenging our sale deeds but they have not asked for possession as some portion of land is under the possession of tenants before we purchased the land regarding which ejectment application is pending in Supreme court and we are a a party in that.
The land was originally purchased by grandfather of S in 1925 who was survivved by 2 sons, i.e. father and uncle of S. Uncle of S had given him SPA to sell the land in 1972. father of S died in the year 1956 and he was survived 12 L.R. S was the eldest son and he was managing the affairs of the family as Karta. He performed marraiges of all the sisters and took care of education and all other expenses of the family.
Please advise how we should proceed with the case.
Regards
