Ex parte in Specific Performance Case- N.O.C.-Required or no
Vikas Kumar
(Querist) 17 June 2015
This query is : Resolved
In one of the case I purchased a piece of land in Haryana from the seller and after making the agreement in my favour, he sold it again to someone else and the registration for the same land was also done to his name before I could even get to know about the same. Then I filed a suit in the court and the seller became ex-parte, the court ruled in my favour and asked me to deposit the remaining amount in the court which I deppsited immediately. Then, the case was decreed to my name stating the time for registration to be two months. When the commission from the court went for the registration, the Tehsildar asked for the NOC. Then commission informed the court about the same. The court authorised the decree holder(me) for the NOC. When I sent a file for NOC, the DTP replied that since the land was not in decreeholder's name (me) so the NOC can not be provided to him.
Now, I want your precious opinion whether this NOC is required or not and if yes, who is entitled to provide this NOC?
Please suggest.
J K Agrawal
(Expert) 17 June 2015
It is mandate of court and no any NOC Required.
Just go to the registrar and say him of register presentation and get signature of the Commissioner as seller.
After that say the registrar to do what ever he want. He shall have either to register the document or to return it without registration with any reason like NOC or any other reason.
After that, file a contempt petition against the registrar for not obeying the Court Rule.
