suit for specific performance.- title of seller defective by criminal proceeding

QUESTION:- can a purchaser challanging the title of seller defective by criminal proceedingu/s 156/3 which is declined by court and treating as complaint case go for a suit for specific performance.



In the criminal case if he has taken stand that prospective seller is not owner he cannot go for specific performance, defective title can be cured in some way, if complainant chooses to seek performance after rectification of such defect he can file specific performance suit, but he can file suit for recovery and seek interim attachment of assets of prospective seller.