Third party harassment by filing title suit

Question

► An agent (not registered) entered agreement to get my plot sold in 6 months on 1000 Rs stamp paper, which did not even notarize. He got me paid 53L (in account) from various buyers. Having failed to get me payed agreed 70L, he asked to return the money. I returned all money (in same accounts from where I received). Then sold (sale deed) to some buyers. The agent filed Title Suit claiming full 53L and another 10L cash (claiming he has witness who saw giving me cash, but no signed papers). To file suit, he forged agreement dates which is visible. Case is simply being pushed for last 4 years without hearing on the matter. I have submitted Bank Statements of money received and returned. What shall I do? He is pressurizing the buyers that he won't allow mutation and access to land ownership.

Answer 1

Dear Client,

I understand your query, and based on it, I suggest that you file an application under Order 7 Rule 11 against the title suit filed against you so that the plaint filed by them gets rejected on the ground that he is not the necessary party and a third party, and also highlight the lapse of 4 years in the title suit, which causes unnecessary delay in claiming the ownership.

As per Section 17 of the Registration Act, 1908, it clearly mentions that the immovable property needs to be registered, and without proper registration, it cannot be claimed for ownership. So you have clear rights, title, and interest over the disputed property.

You can also file a police complaint under Section 351 for criminal intimidation if the third party tries to harass the buyers or prevents the buyers from mutation of the said land.

Lastly, you can file a case for a temporary injunction in the court in case your peaceful possession is being disturbed by the third party.

Hope this answer helps!

For further legal assistance, you can always contact us

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Third party harassment by filing title suit

1 Answer