Afvice - on illegal money lending case
Bhika Reghiwale
(Querist) 13 August 2015
This query is : Resolved
S
R/Sir,
A & B are close frainds.B was in heavily need of money to save his mother from chronic disease.
They went to the illegal money lender (C). He demanded security for giving loan to them on the interest @ 7 %/m. On the heavy request of B and humanity ground A made an agreement to sale his 4 acrs of agriculture land to C on dt. 12/11/2008, stating the last dt . 12/4/2009 for executing the sale deed . This contract is of 5 lac only. Out of which 3 lac were paid by cheque.
In this agreement B needy person is a witness out of two witnesses. Last dt of agreement is 12/4/2009. C did not come for sale deed as he was getting huge interest over this sum.
     Later on he made an agreement for time extension with A on dt. 2/5/2009 , as per his demand & will , which reads as he (C) needs extinction for his purpose only. In this agreement B is again one of the witness out of two witness. The time fixed for sale deed ,as per this agreement is on/or before 12/7/2009.which is a last dt. of this agreement. C hear also not came forward for sale deed as he was gaining the huge interest.
      Later on thirdly C again came for executing the above type of time extension agreement. A extended the time in this third agreement also on dt. 26/11/2009 , up to dt 4/3/2010.
This time is also taken as per his(C) demand & will , which is stated cleary in the agreement. The last dt of this agreement is 4/3/2010. Hear also he did not shown any interest for sale deed, as he was gaining interest over the sum.
 These all the 3 agreements are unregistered . and 2 are notarized. The total time period of these agreements is
1). 5 mths.
2).  2 mths.
3).  4 mths.
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       11 mths only. & inbitween there is 16 months period of no any agreement .
Hear after also C did not come forward for the contract as per all these 3 agreements, because He was gaining the interest.
        After a huge gap of 8 .months after the period of agreement is over , on dt 16/11/2020, He served a straight way notice stating only that " I since beginning coming forward & trying severally for sale deed, but it is purposely avoided by saler." & on this ground + unregistered agreements + bank statement, He filed a civil suit on 9/3/2011 for this property claim. This has taken 27 months time since beginning. My ? is that which farmer will wait for 2 years & more months for a sale agreement, when prises of land were increasing twice/thrice per year in this period.
The base on which C filed case is totolly contradictory to the statments given by him in writting in the time extension agreements. The case is in progress in the civil court at Akola.
         We have submitted.
1. Affidavit of the main witness B stating that " I have borrowed loan from C ( having no licence ) & the property agreement of A is given for security purpose only ,who helped me on humanity ground & I paid huge interest to C.
2. A court judgement copy in which savkar C has given a 12 lac R's loan to B on 5/5/3008, on a simple 100 R's nonjudisary bond by interest & He received 2.16 lac of interest of 1 year. & later on He did not get any thing from B. Since B is left the city & not traceable till now. His house also kept "girwi" by this savkar C. And flat of the father of A is also kept girwi by this savkar. And other people's properties have been also operating same way "identical" by this savkar.
We have submitted few cases . but they fear to C.( He doing this illegal job without any licence.).
The property is possessed by A only.
    Suppose I am A. Then please advice me what to do to escape. And any case law may be suggested please.
Guest
(Expert) 13 August 2015
Forget about ABC of academic problem. The experts have no need to suppose, whether you are 'A' or someone else. Discuss, in what manner the problem relates to you in person.
Bhika Reghiwale
(Querist) 13 August 2015
We have lodged a complaint to Sub Registrar Akola against this Sabkar as per MH Govt rule. Hearing is connued since 4 years for such a long time & He is asking for proofs only since beginning of the hearing. Then what type of proofs we should give against Savkar. And how we can plead it. Please inform in detail.
Bhika Reghiwale
(Querist) 13 August 2015
We have lodged a complaint to Sub Registrar Akola against this Sabkar as per MH Govt rule. Hearing is connued since 4 years for such a long time & He is asking for proofs only since beginning of the hearing. Then what type of proofs we should give against Savkar. And how we can plead it. Please inform in detail.
Guest
(Expert) 13 August 2015
Only you or youer lawyer should know what type of proofs you should give against Savkar. Proof is your liability, as you are the complainant.
About pleading, is there any problem with your lawyer to be not able to make arguments?
Bhika Reghiwale
(Querist) 13 August 2015
In my above case agreement is executed by my son & there are two signs of witnesses +one sign of purchaser. I.e. total 4 signs.
Out of these two are telling that it is a illegal loan case & two are telling
That it is a sale agreement. ( one saler + one witness ) . Then please tell the validity & admissibility of this unregister agreement. Whether case can be filed with only this agreement ? in the court.? Pl anser this simple question.
R.K Nanda
(Expert) 14 August 2015
query too long.
Bhika Reghiwale
(Querist) 14 August 2015
I understand your meaning.you don't want to misguide me & guide me without westing your valued intention. Any way I will fight alone like a " shahid". Then only from our club any body will come forward to help me.
