Sir
Being a registered power of attorney holder for my mother, I sold our ancestral agriculture land to one of the residents of our town.
This sale of land was executed by way of Registered Sale Deed & a portion of the consideration amount was given to us by cheques and rest of the amount was ensured to us by way of post dated Bank cheques : the details of which are incorporated in our Sale Deed.
The period for encashment of these posted cheques was of 80 & 85 days approximately.
These cheques were adduced to the Bank for encashment on the destined date. But both the cheques got bounced.
During this period the person who purchased our land, managed to get this land-property mutated in his name at the relevant Govt. Offices and on the basis of 7/12 of the said land even borrowed considerable amount of loan from a Co-Operative Society.
As we found ourselves duped and cheated, we served notices under Section 138 and at a later stage we filed a Civil Suit and moved to Criminal Court / JMFC as well. But in this mess we got a bit late in filing the suit in Criminal Court where the matter is still at the stage for Condonation .
In the Civil Suit we have prayed for :
1) Appointment of Receiver under order XL (1) of CPC so as to protect the suit property.
2) Grant of temporary Injuction.
3) Attachment of the relevant property etc.
But unfortunately all of the above prayers were rejected by the Civil Court.
Hence the matter was filed as WP before the High Court.
Now here, at a stage, the learned Counsels for the plaintiff and defendant on the instructions of their clients amicably settled this dispute that the defendant will tender a demand draft for an amount agreed by both the parties towards full and final payment for the property purchased in the name of plaintiff within a period of three months. A copy of ORAL JUDGEMENT to this effect is also issued.
But even after the stipulated period of three months is almost passed (05 days left) the concerned party the defendant neither has tendered the amount nor has communicated with us till date.
Under these circumstances :
1) What is the immediate lawful action which is required to be taken by us ?
2) What are the chances of getting Cancellation of Sale Deed on the above grounds?
