Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Oshion   11 April 2018

Non joinder of necessary party

Respected learned members,

In a suit for declaration of title and permanent injunction u/s 34 and 38 of Specific Relief Act, but not seeking Possession, defendant buyer has claimed that he purchased some portion of plot from a seller who was co-owner, whereas Plaintiff claims he is sole owner and in possession of whole plot and the deed appears fabricated and is void since seller had no right to sell.

Is alleged seller mentioned in the deed, also a necessary party in this suit and required to be impleaded or, buyer alone is necessary since only buyer was attempting trespass based on the deed.



Learning

 4 Replies

Kumar Doab (FIN)     11 April 2018

IT is felt that since fraud/fraudulent act is being cited the said seller becomes party.

Kumar Doab (FIN)     11 April 2018

This should have been provided by your own very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law  and having successful track record…. and worth his/her salt..

 

Be after your lawyer whom you have paid….

 

Oshion   11 April 2018

Originally posted by : Kumar Doab
IT is felt that since fraud/fraudulent act is being cited the said seller becomes party.

The documents submitted by buyers are incomplete and incoherent and probably fabricated by buyers and on ground also only buyer is causing problem.

Oshion   11 April 2018

Originally posted by : Kumar Doab
This should have been provided by your own very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law  and having successful track record…. and worth his/her salt..

 

Be after your lawyer whom you have paid….

 

 Thank you sir, for your response. Your advice is well taken. smiley


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register