Dear All, my father sold property to a builder on 3-11-2016, few days before demonisation. before registry he gave us 35 lacks rupees through cheque that is mentioned in registry. the total amount of registry is 2.80 cr. rest amount was due with post dated cheques on dated 31st december 2016 (50 lacks), 14 january 2017 (25 lacks),31 march (50 lacks), 31 may 2017 (50 lacks) & 31 august 2017 (70lacks) like that. we submitted both cheques two times and got bounced. After which we sent him legal notice then any how he gave 25lacks amount on behalf of 14 january 2017 cheque. all cheques are mention in registry with cheque no. and other details. now validity of cheque mentioned 50 lacks cheque is expired and payment is still due & other cheque of 31 march, 2017 amounting 50 lacks also got bounced once.The reason for bounce in both cheques are payment stopped by drawer. After that we chased him then buyer is telling he'll give through RTGS and now he is tolerating day by day. my father filed case on him with section 138.(cheque bounce) we've given application to prevent mutation untill full payment is due. Dear All, kindly give suggestion what should we do now to strengthen my case??
1. we also applied under 39 rule 1 & 2 read with section 151 CPC.
2. my question is if we fail to get interim injuction, what will be more option do i have for next proceeding?
3 If i go for cancellation for registry what will be the court fees. ( amount of registry is 2.80cr & stamp duty cost nearly 14 lacks)?
we have already applied to stop mutation.
Dear all kindly suggest me what will be effective way to proceed further.
