We (me and my husband )executed registered agreement to sell his flat to me for rs 25 Lacs. Agreement is that seller had recieved 5 lacs from me in cash and i have to balance rs 20lacs l in before trasfer in my name and that seller will transfer in my name after march2006 (as society trasfer rool) if he fail to do so i can get it transfered through court and seller will bear the legal cost. I paid balance in dec 2005 in cash which has been taken from my brothers and sister (all cash ) with duly signed reciept. I completed wood work and other interior in jan 2006 and also relesed to let advt in news papers but the flat was not rented and we left one flat key with Chowkidar of the socety so that property dealer can show our flat as we live at different city . In march 2006 my husband deserted me and filed divorce case as well as petition to cancel agreement to sell as it was under duress ( as there was case pending in the court when this was executed ) and he is not recieved any money from me .
Actualy I had filed one complaint u/s 420/376/494 etc against my husband in 2005 as he was living with othr lady and was saying that she is his wife not me . The said case was pending in the court and he knowing that he is in trouble he approached for compromise and said that he was traped by this women he want to get rid of her so he need 25 lacs / he will have give her flat . As he promised that he will live with me now and also stated in the court that i am his wife and he gas not performed any other marriage, I also softened my stantd. And he was aquited in nov 2005 by order that i am his legally weded wife and 2nd marrige is not proved.
At the 1st hearing of agreement cancel case i told every thing to judge that how i was cheated . He advised me to file case to transfer flat in your name and take stay on flat . i filed the same and deposited court fee 1.4 Lacs in the court.
Its been long 4 years myside evidence is complete . Tehsildar has agrred that it is registerd in the office .
Now my querry is that he has rented out it for Rs 30000.
Can i get benefit of the rent?
Is there anyway i get possetion as he has forcefully entered as keys are with me only ?
I know its going to take long may be supereme court and i dont have house to live and my husband is not maintaing me properly living with other women can i claim live in that flat
