Application uner section 28(1) of Specific Relief Act
Querist :
Anonymous
(Querist) 30 January 2011
This query is : Resolved
Hi,
Related to an immovable property purchase, I had filed a suit under Specifc Performance Act , for the registration of a sale deed from the defendent, which got subsequently decreed by the court in favour of me.
As the defendant in question died just after the decree, the legal hires of the defendant could not get the title and teh completion of the supporting activities for the registration ( like getting a survey report on teh extent of land, formation of a pasage road to the property , clearnace of th eencumberane etc ) within the stipulated 2 months time , that court had specified in its decree for the completion of the registration process. As the title was not yet decided, it was not possibe to make any payment to the defendant as there was no party to receive the money as teh owner of the land. Then , I put teh execution application for teh enforcement of the decree , as teh decree had specifically mentioned that as the step to be taken , in case the defendent fails to comply with the order. I fied teh case in 2001 and got teh decree in 2004. This decree was passed after the defendant put a written memo in court agreeing to register the property in my name.
Afetr this the executing court has changed) , and my execution applicatoion has been accepted by the court and an execution order has been passed. This was passed in Mar, 2009. I deposted teh balance consideration in teh court on 5/2006, as per the direction of teh execution court.
The defednat has now filed an appeal against the execution order and is proceeding in teh appellate court.
Now, to bring a new twist to the case, teh survivors of teh original defendant have filed an aplication in the trial court that had decreed the SP suit , that teh decree be rescinded as per section 28(1) of Specific release act.. This is in spite of teh decree directing me to get the peoperty registerred as per the terms of teh agreement and with no specific statement on teh payment of balance consideration , till teh defendent is ready to transfer the property in my name.
How can teh trial court accept such an application , that too after 6.5 years from teh decree, that too when the execution order has been passed on that suit ? Is it violtaion of time limits ? Is it not violation of teh jurisdiction , as a higher court is already hearing teh appeal filed by teh same defendant ? I am at a loss to understand the functioning of teh judicial system.
Some prtienent facts : 1. The original defendant took three years to agree for the registration , whee as our agreement stipulated 9 months as teh time.
2. The part of the land has a diputed ownership, and it is transfered to teh original defendant ( only in land records), but no transfer deed / gift deed exists.. Can a Land record officer decide teh ownership of a land and decide the transfer ? Is it not mandatory that the real owners of teh diputed piece, transfer it to teh party after a seperate sale deed/gift deed/transfer deed ?
3. When court has not explicitly stated for the deposit of the money and teh money need to be handed over only at teh instance of teh registration and not otherwise, can section 28 (1) be aplicable here ?
Appreciate your learned views on this matter..
regards
Shree
