We are 25 friends and with the thought to live together for rest life, we wanted to purchase suitable lands for 16 bungalows. After few days we found such land and thus entered into agreement for sale with the land owner by paying him some amount. We just had given a name to our said joint venture.it was “Adiynath Sanstha” (neither it was registered nor it was open for others viz. It was for only our 25 friends. While drafting agreement to sell, we appointed one friend as a Chairman of said sanstha. After few months owner refused for sale-deed therefore we approached to civil court, through chairman and said sanstha (As mentioned in agreement to sell). After recording the evidence the Court passed judgment and decree by holding agreement to sell in personal capacity of chairman and not in capacity of said sanstha being not registered. It is surprising and interesting to note that we had not prayed for such capacity. However, the owner filed first appeal and challenged the Judgment and Decree. The appeal has not come for hearing in last 16 years. The chairman who is friend of us now states that, we (rest 24 friends) all should take our that time investment back made at the time of agreement. We fear that he wish to grab the land being the trial court has held the agreement to sell in his personal capacity. Therefore, our question is “After 16 years can we file a suit or application against our friend to declare that the agreement to sale is not in anybody's personal capacity but we 25 friends are holders of agreement to sell?.”
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) To file any case in the court there is time limit as per the limitations act. So as of bow it's not possible to start new case.
2) Any how if you can talk to your friends and come to conclusions of compromise as per your wish that can be a suitable chance.
1)your claim would be barred by limitation
2) appeal should have been filed by you in HC within period of 3 months of receipt of certified copy of decree
3) delay of 16 years would not be condoned by court
Still you have remedy. Please feel free to contact.
u can file a suit for partition if agreement supports your case !!!!!
This claim at this juncture will be barred by limitation. However, you may file such application before the appellate court and it will be upon the discrition of the court to entertain such plea or not at the appellate stage.
Regards
Dear Client,
You can file application u/s 152 of CPC - Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
Next option is to file review in same court.
This is my response to you:
1. Do you still have the joint venture agreement? Is it signed by all the 25 people? including that friend?
2. One will need to go through the joint venture agreement;
3. It is not possible that the appeal is pending for 16 years;
4. Your lawyer should have mentioned the matter, told the urgency of the case and get it disposed of soon;
5. You can file a separate suit against your friend for cheating you;
6. Even if the agreement is not registered still has evidentiary value and can be used against that one friend;
7. You can also file an FIR for cheating and criminal breach of trust, both punishable under IPC, to the nearest police station;
8. Take interim orders against this chairman and get a stay on property;
9. You should collect all evidence in your favour and how you had mutually agreed to purchase etc.;
10. In law, even oral contracts are binding as per the Indian Contract Act;
11. Therefore you have merits in the case and the judge out of good conscience should act in a fair and just manner.
Yes. You can file a suit against your friend to declare that the agreement to sale is not in anybody's personal capacity.
You should have registered a welfare organisation with all the by- laws settled amicably. The court has pronoounced the judgment according to the law. You should approach the chairman made by your Sanstha to give everybody’s share. You must have entered into a bayana agreement firstly with the land owner mentioning the terms and conditions for a sale deed. If that agreement has points related to 25 members buying the property jointly then you can seek your interest from the chairman. Your case has less paper work which can be a negative aspect for all your remaining 24 members.
1. Make your friend sign an agreement with other 24 friends stating that the suit and other legal proceedings are being pursued at the behest of all 25 friends and not in his personal capacity
2. Any positive outcome in these legal proceedings will be for the benefit of all 25 friends
The suit will be miserably barred by limitation.
You can, alternately, decide to take back your invested amount
