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Sandeep Gupta (Manager)     10 June 2015

Enquiry

Hi,

Plaintiff in not in the possession of the property and in the plaint it has been mentioned in one of the point that the sale deed executed by the defendant No 7 in favor of defended No 10 with respect to ‘A’ scheduled property is not binding on the plaintiff and the same collusive is illegal transaction between the defendants no 7 and 10.

also under prayer of the plaint: 

a)  Declare the sale deed 3-6-2006, registered in the office of sub-Registrar, Krishnarajpuram, executed by the defendant No 7 in favor of Defendant 7 in respect to scheduled property ‘A’ is not binding on the plaintiff.

b)  Restrain the defendant No 10 from alienating or encumbering the suit ‘A’ scheduled property in favor of third parties either by himself, his legal representatives, agents, G.P.A. holder or any or other persons claiming any right under or through him by granting permanent injunction. 

I have the following questions.

1.     What does it mean that sale deed not binding on her?  Does it mean that she is seeking the cancellation of the sale dead from court?

2.      Under court fee act she has to pay the fee for injunction and also in addition to it she also has to pay the fee for cancellation of the document. Is my understanding correct?

Thanks in advance   



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