Physical possession of the property
I had a residential property which was mortgaged in the bank when I did a agreement to sale for it in year 1993. I had handed over the physical possession of the property to the buyer without completion of the sale deed. The buyer filed a case of specific performance on me without clearing the dues of bank as mentioned in the agreement. During the period the buyer further sold the property to another person with possession in 2004. He also paid the money to the bank after taking money from the new buyer. The lower court passed a decree against me and executed the sale deed. I appealed in the high court against the decree and now high court has dismissed the decree done by the lower court in my favour. High court has also instructed me to return the amount paid by the first buyer to me and the bank with 6% simple interest.
I have 2 questions in this
1. Can I deposit the amount to be paid to the first buyer in the court against a protest that he will hand over the possession to me after the completion of the transaction? Can I deposit a copy of a fixed deposit certificate as a security in the court?
2. The physical possession of the property is with the new buyer. How can I get the physical possession of the property from him? Can I ask the high court to pass the order to provide the physical possession along with this same order.