Ownership rights
Ethirajulu
(Querist) 07 March 2015
This query is : Resolved
A tenant made an agreement of sale with landlord, but landlord sold the property to another person.Tenant filed OS in City Civil court,against the landlord.The judge gave the decree order against the defendants to execute the sale deed,excluding the purchasers. In execution the same court dismissed the decree order. WP filed in HC which was withdrawn and dismissed,the judge gave the opportunity if RFA is failed in HC,your at liberty to file revival.
Whether HC directs the decree order?
Please give me the solution...
ROHIT SHARMA
(Expert) 08 March 2015
1. What were the reasons given/recorded by the decree executing court to have dismissed the decree that which the same court had awarded ?
2. The writ petition ( which should have been submitted as R.F.A. and not writ petition) filed by you and which was withdrawn or dismissed before the H.C.since the matter was not filed as R.F.A.
3. Yes, as per the H.C. direction you can file a petition for revival of R.F.A. before the High Court.
T. Kalaiselvan, Advocate
(Expert) 11 March 2015
Well explained by expert Mr.Rohit Sharma. Better file RAF and go for an appeal against the judgement made in the RFA if it is not in your favor.
