SPECIFIC PERFORMANCE


We (7 parties )  have purchased one plot  each and got it registered.

After two years, one of the plot owner has started construction on his plot.  It was objected by  the third party (XYZ)  stating that  the land  had been decreed on his name by the Court .

on further enquiry, it is learnt that  there was an agreement of sale  between land  owner and XYZ  of the same land before it was converted into plots (i.e., before our sale deed )  he paid some small amount as a advance to land owner.   But he was not  turned up for sale on repeated requests by site owner. 

After some time the site owner converted the same land into plots and sold to it to 7 different persons ( which includes me  ).  Without knowing about this agreement, we purchased the plots and got it registered.  The records at registration office (EC) still shows the transfer of said land / plot from  site owner to plot purchasers.  Now the site owner is no more ( he was expired )

But the XYZ says he has deposited the balance amount which was mentioned in agreement  in Court (Munsif Court ) and the court had decreed the land on his name.  Hence our sale deed is invalid though it was registed before court decree.   In fact , I haven't get chance to see either court decree or his agreement.

But, he got some decree thats true because of that  he was able to got issued injuction order on the construction of house of plot purchaser.   

Further,  it is learnt  from unauthenticated souces  (rumers )that after the death of site owner, they made a duplicate agreement in place of original one changing the time limit  or  they might have made agreement without dates initially and now they filled up as per their requirement and subsequently  they got decree in their favour. 

This may  or may not be correct but it is clear that the agreement was not registered .  The legal heirs of site owner are stated that they were aware that XYZ  has gave some amount (prefarably Rs. 10000) to his father  as a advance to purchase that site  but they are not confirm about this agreement saying that their father never shown any such copy. 

Further please note in our Taluka / Mandal there is a civil court equalent to munisaf court but they got decree from neighboring court of same status.  In this regard some body said, since the xyz was of resident of that area,   that might be the reason for approaching neighboring  fcourt .  Is it so ?

In these circumastances, please intimate whether our registerd sale dees are invalid ?

is there any alternate remedy, please advice

 
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Advocates & Mediators.

Agrement does not create title but only create interest

where as you have regd deed in favour of you  and ur in possession of it ?

Approch the Honourable court briefing all events date wise and paperwise

 
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civil practice

If you are within limitation of three years from decree then file suit for cancellation of decree and also for ownership rights of the plot.

 
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