Legal Question in Landlord & Tenant Law in India
Sir this question is about lispendency in court. I have purchased a piece of land after following all laid down proceedures like publishing in news paper. No objections were recieved. Advocate gave me a clear title report. I made sale deed also mutation has been done on my name. Now i have come to know that there was a case beween the person who sold me the property and a person who is claiming to be a tenant. Here I am giving you the chronological events of the case,and request you to tell me whether this case falls under the lispendency or not
25 sep 2008 junior court gave the verdict in favour of the land lord asking the tenant not to interfere in the property The so called tenat filed a case in district court o2 nov that is after one month of the permitted period to appeal. the sale deed done on 25 nov 2008. however the notice to landlord was served on 29 nov 2008.to appear in court on 10 dec 2008. now since the land lord made the sale deed well after the permitted period to appeal. Now will this case still fall under lispendency or not. with regards. .
1 Answer from Attorneys
Landlord has to fight this case or you have to fight this case alongwith landlord and submit your case before judge. Then it is possible that court will dismiss his case on the ground of delay.
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Regards
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