possession and title deed
Querist :
Anonymous
(Querist) 02 May 2011
This query is : Resolved
Sir
I have purchased one flat in VIJAYAWADA ( Andhra pradesh) in August 2010 for a consideration of 15 lakhs and as i am not residing in the same town so I have given the flat on rent to the seller of the flat on mutual understanding for a rent of @Rs 6000/-PM and he is paying rent to me up to JAN 2011 regularly and since FEB 2011 he didnot paying rent and on enquiry it is confirmed that he has taken away all valuable items and after that he locked the flat by leaving some household items and at present his where abouts are not known.
And it is also learnt that one specific performance civil case is running in the civil court on the same flat and the details of the suit are the seller previously written an unregistered sale agreement for a consideration of Rs. 14 lakhs on Rs. 100/- NJ stamp paper in DEC 2009 by taking Rs. 9 Lakhs as advance and balance 5 lakhs is to be paid at the time of registration and not registered to them so they filed a suit in the month of JUNE 2010 for specific performance of the sale and which is pending in the court and trail is not yet started..
Sir, I am requesting you to please help me how to tackle the issues 1) firstly how can I take the possession? ( I think the seller purposefully want me to commit a mistake like by break open the flat or forceful taking the possession) and
secondly can it be possible for me to safe guard from the civil suit and is there any chance to file any criminal complaint against the seller?
So kindly suggest me what best I can able to do now?
