Registration when status quo was in force.
G.L.N. Prasad
(Querist) 24 November 2012
This query is : Resolved
Kindly guide.
a. A collusive partition suit was filed by playing fraud with forged documents and parties obtained preliminary decree with conditions of adding necessary party in Nov,07 when the property was on lease with a PSU and in their possession
b. On coming to know of the fraud, real owner a lonely senior citizen has issued notices in Mar,08 and filed suit on 1-5-08.
c. On coming to know of the suit, defendants entered into compromise petition suppressing facts of notices and suit filed on 6th May, 08
d. On 6th Jun, 08 Status quo order was obtained .
e. The copy of status quo order was also sent to Sub-registrar immediately.
f. The defendants got the property registered with Registrar in Jan, 09
g. Is there any irregularity committed by co-sharers who were defendants.
h. Though as per lease agreement the possession is being with lessee a PSU, it was claimed that they are in physical possession without entering into lease and the real owner’s son entered into lease with PSU.
i. When the matter is pending before HC, defendants sold away the property at a throw away price to influential persons stating that it was a vacant site there are no legal cases filed or litigation pending and that they are in physical possession, though lessee is still occupying property with all his building and machinery. The proposed buyer was issued notices not to acquire the property and relevant court orders were furnished to him with facts of lease as exhibits but he still purchased the property.
j. Is it essential to include the purchasers of property also as defendants and whether disposing property which is under lease and with occupations of lessee can be registered as vacant site and can given possession legally.
k. What is the legal stand and remedy.
Anirudh
(Expert) 24 November 2012
Dear Mr. Prasad,
The facts clearly show that you are already before a court and the matter is being handled by a lawyer.
Why won't you pose these queries to your lawyer, who would be in a better position to appreciate the fact/law situation and to advise you appropriately?
