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Madhu Mittal (Director)     20 January 2020

Release of property of purchaser though purchased violating

A civil suit was filed against two persons who are son and father and borrower and guarantor respectively in  2008 in Session court. After fighting on limitation, they stopped to come to court , therefore ex-party decree in favour plaintiff in 2011.

 The execution petition was filed and a letter under Right to Information was put to Jaipur Development Authority,Jaipur in reply thereof a JDA informed  that there is a house of 50 square yards  in the name of Guarantor, so court  was requested to sale the said plot for decreed amount.

The auction order was pasted at the door of the said house in 2012. Then a new thing came to knowledge that the said house was sold in three parts to three person Mr. X (in 2011),  Y  and Z at different times, and Mr. X purchased all remaining parts from Y and Z also before 2012. Mr. X contested against the sale of the house on the ground that he purchased the house though in three parts, but by Regd Sale deed.

Y has purchased shop (one part) made in the house by violating Jaipur Development Authority Jaipur rules.

The rules of JDA, Jaipur were violated at all times:

1. Sub division was done of 50 square yards house, by selling three parts to three persons, which can not be done as per The rules of JDA, Jaipur, so as per me sale of parts of House even with Regd Sale deed is void ab intio as it is against the statute.

 2.Shop in the house was made and sold as shop in Regd sale deed also, again can not be done as per The rules of JDA, Jaipur, so as per me sale of part of House by making shop in it,  even with Regd Sale deed is void ab intio as it is against the statute, as house was for residential purpose.

3. until and unless, transfer is done in the name of purchaser, in the records of JDA,Jaipur, it is not complete.Thus the person  Y and Z who purchased parts of house , even with Regd Sale Deed, has not got it transferred in their name, and so they can not sale again those parts simply to Mr. X .

4.No public notice was issued by Purchaser Mr. X at the time of purchasing any Part of the House.

Plaintiff has also placed reliance on a case named Jit Singh and Ors. vs. Piara and Anr.  Decided on 11.03.2003 by Hon’ble Punjab and Haryana High Court.

Now in the decision of Session Court on 05.12.2019, all objections of plaintiff were ruled out and it is said that there is regd sale deed in favour of X, so it does not make any difference if the house is still in the name of guarantor in the records of JDA,Jaipur and nothing said about the decision cited Jit Singh and Ors. vs. Piara and Anr, and thus house belongs to Mr. X (purchaser) and released from the execution and ordered to give details of another property of borrower/guarantor.

Now please guide whether in your opinion, the decision is correct or challangable. And Remedy to Plaintiff i.e. creditor, if any about this house.

I have posted this at threat   also, as some persons are not designated yet as an expert.


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