Legal Question in Civil Rights Law in India

i have purchased a flat in delhi in 2007, got home lone from ICICI bank, but after few days an financer file a case of specific performane against the seller and claims that he is the owner of flat and disposses mem when i appear infront of judge, he enquired about the matter, the seller suggested to pay back the amount with interest to the financer in one year, so judge decided let financer took the possession of flat and let him get the money than he would vacate the flat, and asked me to file the suit for possession.

The seller has not able to return money to financer so he filed an application of contempt of court against the seller and matter is still going on ....

So when i filed the case for possession, the financer's lwayer put an application under section 10, stating that both the matter are same so you can not proceed further, we need to file reply.

Could you please suggest me what to do know.


Asked on 9/25/09, 6:11 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

both the matters arose out of same subject matter but cannot be considered to be similar as the parties to both the suits are different. you seeking possession of the suit property and the financer is seeking specific performance of contract with the seller. in this situation, once you are the bonafide purchases, you may win the case.

Read more
Answered on 9/25/09, 7:08 am


Related Questions & Answers

More Civil Rights Law questions and answers in India