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girijasankar (manager)     29 November 2009

property dispute

Person 'A" is the 'Kartha" of HUF and holding the title of Agricultural land. he alienated the property through GPA to Person "B" in 1992. Person 'B" converted the land into Plots and sold in 1992. one  Person "C" purchased open plot and in turn sold the plot to Person "D". person "D" constructed a house in above property and made a sale agreement to Person"E" in 2009. when the person 'E" went for Regn of sale deed and come to know that  elder  son 'A1" of  Person "A" has filed partition suit  in 2005, including above land also as their property. A1 claimed that  he was not aware of above sale (In fact A1 was Major when the first sale was taken place) and subsequently brought Injunction order on above land. in fact I am the Person "E" and come to know about the Injunction Order & litigation only in Regn Office and by then already paid substantial amount of sale value. at last, i got the property registered on my name. now my problem is i had purchased the house through a bank loan to be paid in 2 instalments. First instalment was released by the bank and paid to the seller. after coming to know about litigation, Bank refused to release second instalemnt. what should i do now? should i file decleration suit against person 'A" & "A1" or wait till the judgemnt on above case concludes.



 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 December 2009

You become a party to the ongoing suit by filing an application under order 1 rule 10 read with section 151 of cpc taking the plea of bonafide purchaser instead og waiting the consequences or filing separate suit.


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