cpc

Lis pendens removal

This query is : Resolved 
 

Online (Querist)
14 August 2020

Dear Experts,
We have made agreement to sell an agriculture land in the year 2011 and agreement was clearly stated with cancellation clause. Later on in the year 2013 due to dispute, purchaser had filed suit for specific performance on us. He had also filed lis pendens in 2013 with sub registrar. In the year 2017 Lower Court ordered in favor of us and cancelled the agreement to sell and also ordered to return Earnest money ( with 6 percent interest) to Purchaser. We have made appeal in High Court against the order for not returning the money. The case is pending in high court. Purchaser whose intention to damage property title, has never demanded for money and filed any execution petition with respect to lower court order. He also don't want to accept money as per lower court order.
Now we want to sell our property and want to remove lis pendens entry in Revenue Documents. What Should and How it can be Done?



Rajendra K Goyal Online (Expert)
14 August 2020

You have gone for appeal in HC which is pending.
You have not acted on the orders of lower court.
In absence of orders, it seems difficult that the entry can be removed.

dashrath patelOnline (Querist)
14 August 2020

To Rajendra Sir,
We are ready to pay but Purchaser don't accept money. IIf we withdraw appeal then what ?

Dr J C VashistaOnline (Expert)
15 August 2020

Being the vendor and titleholder of the suit property you may deposit the money in the Court, which has awarded decree and you are judgment debtor.

Dr J C VashistaOnline (Expert)
15 August 2020

What do you want to communicate with the statement that he had also filed a case of lis pendence in 2013 with Sub-Registrar ??

dashrath patelOnline (Querist)
15 August 2020

To Dr. J C vashishtha.
It's means he had filed suit as well as lis pendens entry in the year 2013...Nothing else...

Rajendra K Goyal Online (Expert)
15 August 2020

You have filed appeal, take permission to deposit money in court if situation so warrant. Your lawyer can guide.

Dr J C VashistaOnline (Expert)
15 August 2020

@ Dashrath Patel,
Lis Pendens is captured under Section 52 of the Transfer of Property Act, 1882. The Section essentially prohibits alienation of immovable property when a dispute relating to the same is pending in a competent court of law. It is based on the principle that the person purchasing an immovable property from the judgment debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree.
Sub-Registrar has no authority or jurisdiction to entertain, admit or adjudicate any suit, which may be termed as "Lis pendens."
Sub-Registrar has no power to entertain any such case.

P. Venu Online (Expert)
16 August 2020

Yes, the lis pendens could have been ordered only by the Court. Please verify.

As regards to your appeal in the court, your plea is of hardly any merit. Is it a first appeal or second appeal? The vendor is not entitled to retain the advance payment as a matter of right. In case the agreement fails to be completed, the vendor is only entitled for the loss and/or the damages he has suffered as judicially determined. What are the findings of the trial court in this context?

As rightly suggested by learned expert Mr. Vashista you have option to discontinue the appeal, deposit the amount as per the decree and get the lis pendens revoked/recalled.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
16 August 2020

Perfect and Precise advise by Advocate Dr.J.C.Vashista

Rajendra K Goyal Online (Expert)
16 August 2020

Agree with the advice from expert Dr. J.C. Vashishta.

Dr J C VashistaOnline (Expert)
16 August 2020

My sincere thanks to learned brothers Mr. P Venu, Mr. NJS Rajkumar and Mr. Rajendra K Goyal for agreeing with me.

dashrath patelOnline (Querist)
17 August 2020

Thank you very Much for all Experts who have given valuable time for my query.
we have decided to withdraw our First Appeal and deposit money into court after discussion/recommendation by experts.

Thanks a lot again.

dashrath patelOnline (Querist)
17 August 2020

Thank you very Much for all Experts who have given valuable time for my query.
we have decided to withdraw our First Appeal and deposit money into court after discussion/recommendation by experts.

Thanks a lot again.

Rajendra K Goyal Online (Expert)
17 August 2020

You are welcome, would be happy if problem solved.



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