1)x filed a suit for permanent injunction against y. in the same suit y filed counter claim against x.suit ran for 9 yrs in the civil court.ultimately x failed to prove his possession of the property hence the suit dismissed and y proved it and y succeeded since the court confirmed the counter claim filed by y . 2)in the mean time x managed revenue dept. and obtained pattadar pass books and title deeds in his favour. 3)after losing the suit stated in 1) x filed 1st appeal in dt.court .no stay granted. . 4)y placed civil court order before revenue dept. and requested to issue PPB in his favour. 5)dept. issued regd.notice to x asking him to surrender the PPBs issued to him earlier .he didnt respond . after the stipulated time dept.again sent notice to x if he fails to return this time his PPBs will deemed to be cancelled.and action wl b taken as per civil court order. 6)after rcvng the notices calmly x sold the land to z pending appeal in dt.court. 7)later appeal in dt.court was also dismissed. 8)while civil court permanent injunction is in force can x sale the land?but he sold by registering the land on the basis of PPBs issued to him which r deemed to be cancelled. so can we proceed to the court of law to cancel the sale deeds executed by x illegally.if so whats the procedure? 9)except the PPBs, x has no any title or possession,or lr cerficate or succession certificate etc.
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does cancellation the best and shortest n quickest solution? or else any effective other remedy u can suggest?
after listening ur response i wl ask if necessary.thank u pls do the needful at ur earliest
File contempt agasint X and FIR against X and purchaser. Permanent injunction is merged with final order. You are absolute owner and sale by X is criminal offense u/s 420, 467, 468 , 471 IPC.
Why again going to court for cancellation of sale which is already illegal and ineffective against you. Just file FIR,
x cannot sell the land
20 you cna file suit to set aside sale deed executed by x in favour of z
sale has been done in contravention of court orders
sale can be set aside by court
you are at liberty to raise further queries
Suit for cancellation is the only remedy here for the same.
X cannot sale the land during pendency of the case.
Make an application to revenue department for setting aside the sale done by X during pendency of the suit if they refuse to do so then you need to file a suit to set aside the sale done by x to z.
The property cannot be sold by a registered sale deed on the basis of just pattadar passbooks, the purchase is invalid.
The buyer cannot claim title to the proeprty so bought and it may not find any entry in the encumbrance certificate, therefore legally the property is still on the name of the old person who owned the property.
Also on proof of the property sold by the person during the operation of injunction order by court, he can be booked for contempt of court too.
If there is no registered sale deed executed by x in favor of the third party purchaser, then you cannot file a suit for cancellation of the sale deed.
Since the property was not sold by a registered sale deed, you may not be able to file a suit for cancellation of sale deed, hence you confirm this first becasue he cannot execute a registered sale deed on the basis of the patta pass book alone.
You are welcome for your appreciations, you can revert with details for anymore clarifications.
Dear sirs, sale was regd. none of u gave any citations of SC or HC preferably APHC .if we file FIR they may be punished after 2,3 yrs of trial and they may appeal again..so cancellation is best. hence if u can give some suitable citations it wl be helpful. also what would be the court fee etc?please say. i feel Mr. Mohit kapoor ansr is wrong. bcz once property sold thru regd. deed revenue have no right to cancel.ok
Court fee depends on value of property. Revenue don't have authority only court can cancel the sake deed.
Court fees vary from state to state
you need court orders to cancel sale deed
revenue authorities cannot cancel sale deed
On what point you want citation. You have court order in your favor. what else you want. And why file for cancellation suit. Only file FIR and contempt.
Sorry for that if you feel the answer is wrong
the suit should be filed in Civil court for setting aside the registration of property and contempt of court.
The process what you are looking for also may take a long time to get disposed
No doubt registered sale deed canot be cancelled by anyone including the revenue department without an order of court.
But you had never mentioned anywhere that the sale was by a registered sale deed.
What type of citation are you looking for and what is the purpose of any citation because you have not filed any case yet where you can refer this citation.