Abhinay Kumar Shaw
(Querist) 18 June 2015
This query is : Resolved
Mr. X a developer / promoter of Building entered into an Development Agreement and has taken Power of Attorney from Two person Joint Holder / Owner of the Land. Later on one of the Owner died and without informing the same Developer entered into an Agreement to Sale of a Flat with Mr. Y.
Mr. X has taken Advance Money and Partial payment about Rs. 5,50,000 (Through Bank Transactions only) for part performance and made the Flat ready but still CC, Exterior and Lift is left unattended. On Mutual Agreement Mr. X has agreed to give the possession to Mr. Y on further payment of Rs. 5,00,000 in addition to the earlier payment and given the possession as well but in relation to installing the Electricity Supply and Meter a quarrel took place between Mr. X and Mr. Y and it become so serious that matter went to the Court as well under the Civil and Criminal law and later on Mr. X has Locked the Flat and doesn’t allow to enter into the premises to Mr. Y and demanding a Sum of Rs. 1,50,000 from Mr. Y in relation to Medical Treatment of one of a person who got injured in the same quarrel to proceed the Registry or Possession.
No Mr. Y is seeking all the available options to him in terms of Legal and what further steps should he follow. First Advance Money was given in the month of September 2011 One of the Joint Holder died in the month of January 2012 Agreement to Sale in between Mr. X and Mr. Y in the month of February, 2012 Quarrel took place in the month of October, 2014
Further if Mr. Y intends to made an injunction, is he eligible to and what are the procedure of the same.