Legal Question in Civil Rights Law in India

My son purchased flat through bank loan from Builder in Chennai,Dec 08. The builder constructed flats on JV basis with a landlady,We paid 33 lacks to builder, no due, builder handed over possession Oct 09. Outer side of flat some works are pending, dispute arose builder with landlady, the lady driven out the builder with some goondas and kept locked our flat,the builder ran away. We given several police complaints in police station and commissioner office, no use, we filed a case in Munisiff court, we got interim injunction, we con't take possession of our flat, my son paying EMI regularly to bank without enjoying possession. We filed a damage suit against the lady and separate suit against builder in Consumer court. The builder filed a suit on Her and got favour order, the lady have to pay Rs.1260370/- to the builder. The builder is ready to finish pending work,the lady preventing builder. Our flat and the lady is out of city, it comes under Thirvallur Dist court. Can I file recovery possession in Madras High Court. Already we got leave to sue and filed damage suit in MH Court on her, case is pending. Any body can give some suggestion.


Asked on 10/12/13, 10:13 am

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

File a suit for possession, Declaration and mandatory injunction against both the builder and the lady. The suit can only be filed at Thiravallur District Court . You may also drop a detailed query at [email protected]

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JSR/141013

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Answered on 10/14/13, 1:24 am
Fca Prashant Chavan Expert Edge LLP

15.10.2013

Dear Sir / Madam,

You should file a suit for possession and compensation in the Chennai High Court.

Regards,

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Answered on 10/15/13, 5:59 am


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