Real Estate and Property : Maintainability of Civil Suit For Property
In this case, the trial court held that the plaintiff's suit was not maintainable in view of Order XXI Rule 101 of the Code of Civil Procedure, 1908. That was challenged in appeal by plaintiff "Z".
The case pertained to a property located in Delhi.
Z (Appellant/Plaintiff) said that he is the owner ; Z had purchased it from R. Registered agreement to sell was there. In suit filed by Z, Z also claimed compensation. Z argued that M succeeded in getting a decree of possession of the suit premises by concealing relevant facts and documents from the court in connivance with L&N.
R claimed that M colluded with L&N but L&N had already sold the suit property to R.
The appeal of Z was dismissed ; suit filed by him was also dismissed. In this case, M was having a decree in his favour from another case with respect to same property.
The lesson learnt here is that a mere registered agreement to sell does not ensures ownership nor does it saves the possession of the property.
Case reference is Naveen Kumar Gupta v. Bharat Bhushan [2017] GCtR 6510 (Delhi).
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