possession
rajendran
(Querist) 07 November 2010
This query is : Resolved
A entered an agreement for specific performance with B. B not acted upon as per the agreement. A filed suit for specific performance before the court of law. After the trail the court passed decree in favour of A and executed the sale deed in favour of A. 12 years passed. A not take any steps to take possession as per the decree. Whether decree is in force and Whether A can file Execution Petition before the Court of law? is there any relevant citation for the same?
Khaleel Ahmed
(Expert) 07 November 2010
No execution after 12 years.
adv. rajeev ( rajoo )
(Expert) 07 November 2010
after 12 years you cannot file execution petition to get execute the decree
Kirti Kar Tripathi
(Expert) 07 November 2010
yes, no execution is permissible after 12 years.
Chanchal Nag Chowdhury
(Expert) 08 November 2010
When a valid Decree has been passed & the sale deed Registered, what remains for execution? The decree is already satisfied.
If any difficulty is there for possession,a proceeding for possession may be filed.The question of time-bar vis-a-vis execution is irrelevant.
R.M.Bhaduri
(Expert) 12 November 2010
The decree was partly saitsfied, but due to lapse of clear 12 years period you may not execute the decree. One thing you have not cleared that whether you seeked for possession in the original suit or not, pl. say, then only further opinion can be given.
M V Gupta
(Expert) 14 November 2010
The querist states that he did not take possession for 12 years after the sale deed was executed in his favor. He may run the risk of losing the title to the property on account of adverse possession by the other party. Check whether the property has been mutated in his name in the revenue and the municipal records; and who has been paying the proerty taxes etc.Move in the matter without further delay for possession of the property on suitable grounds. Consult a senior lawyer in the matter and take action.
