Civil Procedure Code (CPC)

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Encumbrance certificate reading

(Querist) 20 January 2015 This query is : Resolved 
Hi,
I am planning to buy a particular residential house with 5 cent plot in the surroundings of Ernakulam (Kochi, Kerala). When I checked the Encumbrance certificate, I see an entry like 'Principal Munsif Ernakulam Release Order', OS 195/88, in EP. 507/03, EA No 195/03

This entry was made in year 2003. From then onwards the property has been with my current seller.

I don't understand what does this Release order or case number indicates.
Is it Ok to purchase the plot.

Regards,
Soorya
Isaac Gabriel (Expert) 21 January 2015
If the property was acquired by Execution of the decree,you can puchase it.Consult lawyer before venturing to purchase.
Guest (Expert) 21 January 2015
Well Advised by Senior Expert Mr.Isaac Gabriel
Rajendra K Goyal (Expert) 21 January 2015
All the documents need to be referred, consult local lawyer.
soorya (Querist) 21 January 2015
Thanks for the responses.
My current seller, who is in possession only after 2004 is not having any clue about this release order.
My local lawyer also suggested to get the case details/ judgment copy. From where to get it.
kavksatyanarayana (Expert) 21 January 2015
Obtain a judgment copy of OS 195/88, in EP. 507/03, EA No 195/03 from the hon'ble court of "Principal Munsif, Ernakulam". then you can get the details and proceed after consultation with your lawyer.
T. Kalaiselvan, Advocate (Expert) 24 January 2015
The property was under litigation once upon a time and has been decreed but who knows whether there is any appeal pending against the judgement, so better verify the judgement and other details by getting a copy from the court and then on an opinion from the lawyer you may proceed.


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