I have applied for Section u/s 1 rule 10 of CPC to enter in a case with my mother in December'2011 and this case is pending between my mother and father since 2007. But we have not intimated teh court in this case of 2007 that our house has been sold by our father and i first wanted to add my self to it and then apply for cancellation of the sale deed by applying section 52 of TP Act which provides sufficient clauses for cancellation of sale deed during the pendency of the case.
Father has sold one property( our House) in 2011 during pendency of the above suit for which my mother has asked for stay against sale of this property ( But later we came to know that mother has no right for it) .
it is almost more than 10 months have been passed only dates are given by the court and i think the court is waiting for the reply of my father on this u/o 1 rule 10 of CPC .
But his reply is yet to be received , as he has noting to do with our house as he has already sold it ,there have been 8 dates have been passed during the last 10 months and this is the only intension of my father as he is delaying this process and he know if i get entered in this case , Section 52 of the TP ACT can be applied and the sale deed can be cancelled.
Is there any way i can convince the court to make it earlier as the property has already been sold in January'2011 and I need to get the sale deed cancelled as per provision of Section 52 of TP ACT but till date we are in possession of this house and we are really in need of it.My mother has got RO under DV Act till the disposal of the DV Act case.
Also wanted to inform you the I have loged complain under Section 323/504/506 of ipc in the local police Station on dated 29th January’2011 against the said purchaser (our Tanent) who tried forcefully to enter our house and done some misbehave with us and did the fighting with us. He quarreled with us and used much abusive languages .
Should we inform the court that our house has been sold( in the earlier case of my mother and my father) and court should consider my application for Addition under Rule 1 (10 ) for additing myself as the party and i can get the sale deed cancelled.
I want to save my house anyhow,please suggest.
1 Answer from Attorneys
Please contact a local lawyer who could advise you what is the correct law. Section 52 do not provide cancellation of deed. What Section 52 says is any transaction done during the pendency of suit shall be subject to the out come of the suit. Effect of Section 52 is only when the suit filed by you is finally decreed and allowed. So it is not that you get added in the suit and deed is cancelled. Also, if the property is of your father alone, then he has complete authority to sell it, and you cannot have any grievance thereto.
However, if you want to expediate proceedings of O.1 R.10 C.P.C. then pray court to close right of your father to tender reply to your application and proceed to hear the application and decide the same. You can also move high court for expeditious hearing.
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