Legal Question in Civil Litigation in India

Decree Passed by FIRST ADDITIONAL DISTRICT JUDGE w.r.t a vacent land
Second appel allowed at High court on a Decree Passed by FIRST ADDITIONAL DISTRICT JUDGE w.r.t a sale vacent land has been dismissed upholding the decree.
Where as the lower court has passed a decree on the sale agreement under specuific performance, as in the sale agreement it is stated as absolute property and only one member of the JF has executed the sale agreement. where as the property purchased out of JF Funds and further all the members of the fasmily had declared to Special D.C. that the property was JF property and through an order also held that the property is JF property. But the court is not consuidering the documents on record has passed a decree stating that it might have been procured by his proffessional income, insite of having produced all the bank documents showing the flow of funds from the ansistoral inheretance.
Please advise as to how to go about in this matter, werather we have to go to Supreme court, if so howmuch it will cost and decent Advocate who can handle this case.

Asked on 8/14/07, 7:34 am

5 Answers from Attorneys

Reghunath Varma Varma & Associates

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Re: Decree Passed by FIRST ADDITIONAL DISTRICT JUDGE w.r.t a vacent land

Facts are not sufficient enough to arrive at a definite opinion.If all the members of JF are not party to the suit, it is open to them to file a fresh suit for delaration of right of the JF over the property and consequential reliefs.Decree now obtained, by one member of JF is itseslf the cause of action for such suit.I wud advice u to contact a senior Advocate practising before the trail court, for a considered opinion in the matter.

Answered on 8/14/07, 10:31 am

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