Indemnity clause
Clause in my sale deed:
1. The vendors convent with the vendee that if the vendee shall be deprived to whole of any part on account or any defect in the title of the vendor , they will indemnify and compensate against the same
2. "That the scheduled property is free from-all encumbrances charges sal3s , gift mortgages , and court attachments Etc; The vendors has agreed in future if the litigations accrued in the above said property , he has ready to settle the issues , in. this connection if any expenditure is accrued he has to bear(vendors)
Issue: : now the land is decreed to the son of the person who sold the property to my vendor ( who sold me the land ) .
My vendor received a court summon and he ignored it as he had already sold me the land 8 years ago. - and exparte decree to my sellers sellers son.
I have now filed the case against the decree as my vendor is ignoring it.
Question:
1. can i sue my vendor to confirm to the Indemnity claause and pay for my legal charges and other compensation
2. can you send me a pro forma / prototype to sue in the court
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