double registration of my plot


i purchased a property (plot) in 2003 and the same property was sold to another party (henceforth 2nd party)in 2005 by the same vendor. In 2015 the 2nd party gave GPA to another person. I filed a case on court in 2016 (Feb). Now the GPA holder has constructed a small hut in it and taken the possession of the plot. Though my suit requested for injunction, till now no injunction was passed. Altogether, 9 respondents were made in the case. When i inquired about the not issuing of injunction order, my lawyer said that all the respondents were not served the notices, and hence, injunction was not issued. I want to know whether my lawyer's statement is correct or not. Pl advise me in this matter

Answers (4)


98 votes

i purchased a property (plot) in 2003 and the same property was sold to another party (henceforth 2nd party)in 2005 by the same vendor. In 2015 the 2nd party gave GPA to another person. I filed a case on court in 2016 (Feb). Now the GPA holder has constructed a small hut in it and taken the possession of the plot. Though my suit requested for injunction, till now no injunction was passed. Altogether, 9 respondents were made in the case. When i inquired about the not issuing of injunction order, my lawyer said that all the respondents were not served the notices, and hence, injunction was not issued. I want to know whether my lawyer's statement is correct or not. Pl advise me in this matter


Ans:- it might be correct, but you purchased plot in 2003, is it registered sale or in agreement of sale and which suit you filed.


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323 votes

First Registration is best registration according to High Court Orders. You file a criminal case by joining all the parties for cheating against your vendor and others. I think your lawyer is not represented properly. If your lawyer produced the High Court order before the concerned court definitely the Court passed an Injunction. You find out with your lawyer that he can produced the High Court order before the concerned court. If the notices not served, you lawyer can insist the Court to pass atleast Status Quo order not to change the property

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108 votes

You need to file a declaration suit praying the court to declare the second sale deed as null and void and also a criminal case against your vendor for cheating you with dishonest intention. As far as not granting of injunction is concerned it can be advised only after looking in to your case papers and the stage of your case.

259 votes

You are first purchaser of the property in the year 2003 and second purchaser in 2005. You file a case for cancellation of second sale deed and not for simple injunction suit . Please consult civil lawyer

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