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CHAKRAVARTHI K (TAX CONSULTANT)     04 September 2012

Litigation by a broker

Dear sirs, I recently gave my property to a builder for development. Before that so many brokers approached me stating that they have a good deal of sale / development. But no one is able to get it finished with good terms and conditions. As I felt that it is better to gave it for developement, and I did it. After knowing this, one of the broker who had the xerox copies of my asset, sent a notice though a lawyer stating that he paid me an advance of Rs.200000/- and there is an oral agreement of sale for a consideration of Rs.95,00,000/-, asking me through his lawyer to register my asset on his name or some other's name as suggested by him. But actually no such deal was taken place. I did not received any amount from him (i.e., 200000/- as stated by him in his notice). Most importantly he has not got any proof for the said advance of Rs.200000/-. I sent a reply through my lawyer stating the same facts and further mentioned, if he continues this blackmail then he will be liable to pay Rs.1000000/- as damages and a separte criminal action will be taken against them.(i.e, four brokers are clubbed in this notice matter and one of them is acting as a purchaser and the actual broker who had the xerox copies of the asset is acting as a witnees of the payment of advance and agreement).

After my reply, I received a notice from Jilla Nyaya Sevadhikara Samsta, Nyaya Sevasadanam, Guntur asking me to attend before them on 13.09.2012 to settle the case without any further litigation. ( in my view they may ask me to pay some amount  or the amount as per the brokers demand to settle the matter). 

One of my friend suggested me to file a keviat.  What is Keviat and why should I file? because neither I received any amount nor they got any proof for it.

 1) If he further want's to file a suit, then how much court fees he has to pay ? (The District Court is in Guntur, Andhra Pradesh). 2) What is the best way to tackle the above situation? Thanks in advance



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 September 2012

A caveat is a caution or warning giving notice to the Court not to issue any grant or take any step without notice being given to the party lodging the caveat. Caveator means one who files a caveat. The main object is A caveat protects the caveator's interest. The caveator is already prepared to face the suit or proceedings which is*xpected tobe instituted by his apponent.


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