Suit simplicitor for injunction in 53 tp act without specific performemence
pawan
(Querist) 12 May 2017
This query is : Open
1) buyer filed a suit for under 53a TP Act with prayer for /temporory & Perpetual injuction. Court grants Temp Injuction.Seller Builder attended courts through advocate but not filed any reply & Proceeded Ex-Parte. and Ex parte evidnce was collected and after argument order reserved and court asked for clarificationsi Brief Summary a) Notory attested Agreement with posseseion witnessed by advocates done in 1999 after full and final payment. b) Cash Recipt on Revenue stamp was Given by seller. c) Seller on same day registred a WILL as Well As regsitred Power of Attorney in . Buyer told him to do registred sale deed after few days seller says few Govt permissions are need and assured will do later.Builder seller further collected extra money for permissions by Cheque and assured will adjust in STAMP purchase.But never came forward to execute sale deed . But after 15/16 years started thretening and even saying that he will disposes the buyer and may sell the space to some powerfull muscleman .Builder cancelled registred will WILL and POA in year 2016 though they were done after taking full money and even more in name of stamp duty & permissions. Buyer and seller(Builder) were close relatives so his assurances were belived.Buyer continued in possession till date and since 1999 have eelectricty , water metre , House tax in his name. Note : On above facts court asked verbally buyer why case for specific perfromence is not filed along with relief under 53a for injunction and wants specific ruling on maintenability of EX Parte Suits.
Your Exper advice will be Highly appreciated
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