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HI12345678 (manager)     23 December 2015

Land cheating case

I was cheated by X when I purchased a land in survey no. A with house number 1.     X purchased it earlier from Y where in the same survey no and house number was sold.  When I occupied, Y come and forcefully evacuated me from the house stating that  he didn,t sold this land to X and he showed me the document stating that the house is not situated in survey no. A but actually in suvey no. B which owned by Y . Survey no. A have no house in it. More over Y have mortgaged land B and house number 1 to bank and bank have declared that under SARFASIE.  Village officer ratified the same and have taken steps to cancel the posession alloted to me as he mentioned that the boundaries mentioned in my registration is wrong and no such land is available. 

I have filed a suit in sub court to realise my money back as i have completely lost the title and ownership of the plot and house. I ahve mentioned all events in chronology in my suit.  I have mentioned only the fair value as per govt records in the deed though I have paid three times since the market value is high. But I have produced the advance agreement where in the actual value of sale was mentioned and X have got more money as advance than the value indicated in sale deed. 

X have argued that he sold the property to me the same way he got from Y and he stated that  he sold the property to me to the amount shown in the deed. Y argued that he didn't have a direct cash transaction and is unnecessarily brought to this suit instaed he got an injuction preventing me from entering the house. Defendants brought famous lawyers during trial and my counsel douldn't perform in the court 

Court dismissed my suit stating my carelessness and ambiguities in the plaint.  Now have lost around 2.5 lakhs court fees also.  I am in a fix. Can somebody help me to get me the justice without further loss of money. please advise 

 

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     01 January 2016

Under the circumstances you have no option than to prefer an appeal before the appellate court. 

You may engage a prudent and an experienced advocate atleast in the appeal. 

HI12345678 (manager)     16 January 2016

Thanks for the reply.

I still didn't get the judment paper from the court though the verdict passed more than two weeks ago.. How many days I have to approach the appelate court.   Do I need to pay the same court fee again in the appelate court..

Whether the defendant can lift the attachment property with the help of the current verdict he have. could I have any demand for the attached property in the event when I have favorable verdict from appelant court.. pls reply

HI12345678 (manager)     20 January 2016

I am waiting for a reply

 


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