Praveen (XYZ) 17 November 2014

Under construction property

Hi Experts -

I have purchased a plot from nationalized bank through public auction and currently under construction phase(RCC roof has been laid), now a third party person has filed an Injunction & Declaration of Title suit against my property - claiming to be his property.

In his suit, he claims, bank has sold the property to me with wrong survey number, however I have link documents since 1989 to till date without any break. However his sale deed is dated on 1994 without “possession” mentioned on it.

He made myself/Bank/Person who mortgaged to bank as defendants in his suit.

Should I stop my construction and wait until suit is dismissed or should I proceed with my construction?

Please advise

Thanks!

Laxmi

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8 Replies

T. Kalaiselvan, Advocate (Advocate) 18 November 2014

If there is no order of injunction by the court, you may continue with your proposed construction you don't have to stop the construction work. You may challenge the case appropriately as per the documents in your possession.

Praveen (XYZ) 18 November 2014

Thank you sir!

By the way can you share any recent judgement on Survey# disputes ? just want to know whether correct survey# or possession of the schedule property, which one them has a better advantage on final judgement ?

T. Kalaiselvan, Advocate (Advocate) 18 November 2014

@Mr. Praveen: there is no dearth for judgements of your requirement, you may search in the internet in various web sites viz., indiankanor.org, lawweb123.org etc. As far as your case is concerned, if you have valid documents in your possession, you have merits in your case and can challenge and get the plaintiff's vexatious suit dismissed. Be in touch with your lawyer.

K.K.Ganguly (Advocate) 21 November 2014

1. Till there is any restrain order passed by the Court, you need not stop your construction,

2. You have already collected the last Title Deed which was deposited with the Bank to creat mortgage alongwith the link deeds from where you can very well verify the survey number,

3. How & in which capacity does the applicant claim his title in the said property purchased by you?

4. Hope you have also collected the copy of the legal opinion and non encumbrance certificate which the Bank had collected from its lawyers before sanctioning loan to its Borrower,

5. These documents will be of good use to you to contest the case,

6. Normally such cases are filed by the mortgagor to harass the buyer to extract some money from him.

Praveen (XYZ) 21 November 2014

Many thanks for your advise Sir! below is my response to your questions.

1. Till there is any restrain order passed by the Court, you need not stop your construction,

yes, there is no order to stop my construction

2. You have already collected the last Title Deed which was deposited with the Bank to creat mortgage alongwith the link deeds from where you can very well verify the survey number,

yes, I have collected last title deed from bank and all the link documents shows the same survey number since 1989

3. How & in which capacity does the applicant claim his title in the said property purchased by you?

actually applicant claim that property is under different survey(149) not the one(148) which bank as sold to me

4. Hope you have also collected the copy of the legal opinion and non encumbrance certificate which the Bank had collected from its lawyers before sanctioning loan to its Borrower,

I haven't, but he applicant made bank as a one of the defendant in this suit.

K.K.Ganguly (Advocate) 21 November 2014

1. Go to the Bank and collect copy of the legal opinion and non-encumbrance certificate which were issued by Bank's lawyers earlier, 2. Go to local BLRO office and collect the mouza map (if that is the usual practice in your area) or correct survey number of the said land to be sure of it, 3. Appear before the Court because normally in such cases Bank does not take any interest to appear since it has already sold the property.