Application for dismissal of civil suit lodged under specific performance act

Amit (Querist) 16 April 2013 This query is : Resolved
Mr X has filed a suit for Specic Performance against me. he has also got an injuction order against me barring me from creating third party rights against the property (flat).
I had purchased the property from Mr Y by abiding all the rules i.e.
1 Submitted form 20 a and 20 b to the society.
2. Conducted a search report of the property.
3. Placed ads in newspapers calling anyone who has hay claims on the property since chain of agreements were not complete.
4. Paid Stamp duty and got the property registered and took possession.

Mr Y had misplaced his share certificate and had completed all formalities to reveive a duplicate share certificate.

Mr X claims to have bought the same flat from Mr Y a fortnight before my document got registered vide agreement for sale which is on a 100 rs stamp paper and is unnotorised and unregistered. Also all his payments are in cash. Cash has been paid since six- to eight months months in slabs.

Mr Y has since died. He in collission with mr Ys legal heir (Mr Z) file a suit agains me in which Mr. Z is also a defendant and he states that his father did sell the property to both of us and I had assured them that i would pay Mr Y whatever amount he has paid them. No proof of which is possible as something like this never happened.
Mr Y also claimed to have the Original Share certificate. Duplicate already issued by the society and transfered in my name by the society.

Mr Y had earlier filed a Pauper Petition whose certified copy was made available after almost a year of application.

On inspection of the pauper petition certified copy it is noted that there are differences in the writing of the date on the 1st page i.e the stamped page of the Agreement for sale which he has relied upon.

Also by mistake he had added an extra cash receipt which is not in his suit.

On what little knowledge i have i think his suit should not have been admitted as he himself claims to be a pauper so his claim to fulfill his part of the deed in not constant.
Also his agreement being unregistered. womt he have to pay stamp duty on the same to have it to be relied upon in the court?

Also i have checked he has not filed any Income tax returns for that period and no flow of cash is seen in Mr X or Mr y's bank accounts.
Cash came from nowhere and went nowhere.

Someone suggested applying for dismissal under rule 9 - no cause of action
Am confused need help !!!

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 16 April 2013
I shall not suggest you to avail section 9 of CPC rather to contest the case on merits if you are already in the possession of the property. The case of the plaintiff seems meritless on the basis of facts got availed by you but the lawyer contesting your case is definitely in a better position than us as he is having all the documents in his hand which are necessary to be gone through prior to framing any definite opinion.

Adv k . mahesh (Expert) 16 April 2013
yes i agree with Mr makkad

R.K Nanda (Expert) 16 April 2013
no more to add.

B K Raghavendra Rao (Expert) 16 April 2013
Case would not be dismissed. There is cause of action in the petition. Trial has to take place for handing out justice. Let the trial go on.

Guest (Expert) 10 December 2014
Well advised by Experts

Anirudh (Expert) 10 December 2014
YES, GET COMPLETELY EXPOSED.
THIS SORT OF GIMMICS WILL NOT WASH AWAY YOUR FALSE AND FRADULENT PROFILE.

A YEAR OLD QUERY.

THE NEW RIP WAN WINKLE HAS WOKEN UP!

THIS GOOD FOR NOTHING FELLOW IS TRYING TO RIDE ON THE EXPERTISE OF OTHER EXPERTS THAT TOO AFTER AN YEAR!

DESPERATION IS SHOWING ON THIS FELLOW.

This fellow cannot even be a last person one can consult for any advice.

This fellow is good for nothing. Many a times he gives advices which are not supported by law.

TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.

please visit the following link:

http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx

where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?

N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927

Therefore, before taking advice, the querist should be too careful

Application for dismissal of civil suit lodged under specific performance act

Similar Resolved Queries :