what relief to be prayed?
V.G.Rao Advocate
(Querist) 21 October 2008
This query is : Resolved
hi all,
It is very serious and urgent matter, and I need ur help, One "A" purchsed property through Notarised Agreement of sale admeasuring 240 sq.yds which falls under Syno.144, at hyderabad in the year 1988 tohrough its lawful vendors rep by their Irrvocable GPA, and the same was revalidated in the year 1999 by paying deficit stamp duty, and thereafter in the year 2001 "A" constructed a two rooms and assessed and paying property tax bill as on today and is residing in the premises, and further obtained electricty connection, and he left open nearly 100 sq.yds of land, while matter stood thus in the year 2001 on Mr"B" tried to disposses him from the aforesaid premises under the guise of a registred sale deed for the said property purchased from one Mr.gyiasuddin,whereupon "A" has filed a civil suit for Perpetual Injunction and obtained stausquo order against him, during the pendency of the case "A" enquired and came to Know that Mr.Giyasuddin has filed a case against some others in respect of propertis in sy.No 144, 170,70,72,77 etc claiming others as land grabbers, wherein he deposed that in the year 1989 he enterd in to the comprose deed with the vendors of "A" and as per said Compromise deed the vendors were given of 9 Ac of agriculrural lands in Sy nO.144 by retaining him self other part of Ac 9 situated at Sy Nos 170,71,71, etc.,and it seems that by suppressing the said fact he sold the property in question to "B" which by it self is null and void,
and while matter stood thus Mr."B" during the pendency of the above suit has sold the same property while "A" is in possession and enjoyment of the same to One Mr."C", and Mr"C" taking advantage of open land left by "A" illegally tress passed in to his premises and made A compond wall and tried to dispoossses "A" from the premises, but "A" again filed a suit and criminal complaint fro tress pass, theft etc and obtained Statusquo order in Injubnction suiit filed against "C", but "C" while order in subsisting got a electric meter connection and installed the samwe, now my question is now what "A" cand do now what other reliefs can he pray by filing suits and to safe guard his properety.
Shyam Ji Srivastava
(Expert) 21 October 2008
Dear brother Rao,
A has entered only in Agreement to sell.
he can not get title through such agreement.As per my knowledge sale Agreement is valid for THREE YEARS only if there is no time limit. So plz send terms and condition of that sale agreement then correct opinion can be given,
SHYAM JI SRIVASTAVA
ADVOCATE
098390 28040
V.G.Rao Advocate
(Querist) 22 October 2008
Hi, Brother Shyam Ji,
"A"is in continuous physical possession of the property un iterruptedly whatsooever from any body till 2001, which is more than 12 years, the document is not registered till date, ur are right that no title can be passed to "A" mere on agreement of sale, But I wanted Know whether "A" can file a declaratory suit caliming property by way adverse possession, and consequently to cancell the Regtd sale deeds executed in favor "B" and "C" at this Juncture. Kindly advise me.
