Suit for declaration, possession & perputal injuction
Naveen Kanth Dasari
(Querist) 26 August 2017
This query is : Resolved
Hello Experts,
I have a query regarding an Immovable Property.
For instance lets assume as such A,B,C,D,E. A(actual owner), B(my client), C(GPA), D(Proclaimed Owner), E(Joint Owners).
The Facts are as under:
My client purchased a plot in 2015 from A (actual owner) of the plot and in 2016 B (My Client) constructed a small room in the plot, but to his astonishment E(Joint Owners) came and objected and installed electric meter allotted to them & claiming that the plot belongs to them and he & his wife are the joint owners of the property as they have purchased it from D(Proclaimed Owner) in 2003. When my client inquired further he came to know that C(GPA) without the consent of the A, sold the plot to D in 1998 representing C himself as the GPA and further D sold the land to E. Now the problem is A lives in USA and is not in contact with B, and E(Joint Owners) also lives in USA but they r not related to A in any matter. Now how can i defend my case.
Should i file a Suit for Declaration of Title and Possession or Suit for Perpetual Injunction or should i include both the prayers in one suit and can i ask my client to file a Criminal Complaint also. However the Encumbrance Certificate shows the name of the Joint Owners still.
Plz suggest.
Thank You.
R.K Nanda
(Expert) 27 August 2017
1.file suit for declaration of title and possession and include all prayers in one suit.
2.make A,C,D, and E as defendants in above suit.
