CASE DISMISS OR CONTINUE IF SOME OF PAPERS ON THE BASIS OF WHICH CASE WAS FILED PROVE FORGED
SUDHA MAKOL
(Querist) 24 June 2011
This query is : Resolved
IN A SUIT FOR POSESSION AND CANCELLATION OF DOCUMENTS OF AN ILLEGAL EXTENDED STRUCTURE, THE DOCUMENTS ON THE BASIS OF WHICH THE CASE WAS FILED INCLUDED REGISTERED GPA (NOIDA), WILL AND RECEIPT (DELHI) ON SAME DATE. THE WIL AND RECEIPT ARE FOUND TO BE FAKE WHILE THE GPA IS ORIGINAL. WHAT CAN BE DONE TO CONTINUE THE CASE? FILE A COMPLAINT AGAINST THE LAST PARTY AND ADMIT THE PAPERS TO BE FORGED? HOW WILL IT AFFECT THE CASE? WILL THE CASE BE DISMISSED? IS THERE A CHANCE THAT THE ORIGINAL PROPERTY STRUCTURE MAY BE GIVEN TO THE OTHER PARTY? CASE DETAILS ARE AS FOLLOWS:
Mrs. Raj Rani executed GPA in favour of Mr. Surnder Arora in Noida authority on 19 Jan. 1989 and Regd. receipt and will in favour of Charanjit singh in Delhi authority on same date. However Charanjit singh constructed an unauthorised structure onthe roof of the said property and executed a conditional agreement(Notary) in Jan. 1999 with Sushil Arora that he is mortgaging the extended structure and in case he does not repay he will execute proper property documents in favour of Sushil Arora. A dispute between Charanjit singh and Surnder Arora Arose and Surnder Arora sold 123C to Rakesh Malhotra on Jan. 2000 vide registered papers gpa, agreement to sell, will receipt etc. Rakesh Malhotra sold the property to Lalita Makol on the basis of registered gps, agreement to sell on 30 june 2008. However to complete chain of papers he created forged will and receipt of Raj Rani to Surinder Arora and handed it to Lalita Makol.
Sushil Arora renamed the unauthorised extended portion as 123-D an independent flat rather than extended portion and executed gpa and agreement to sell in favour of rita kumari on 23 march 2009 which was resold to Sudha Sachdeva on the basis of regd. gpa and agreement to sell.
In March 2011 Lalita Makol filed the abovementioned case against Sudha SAchdevA ON THE BASIS OF CHAIN OF DOCUMENTS. SUDHA SACHDEVA REPLIED THAT WILL AND RECEIPT IN FAVOUR OF SURINDER ARORA ARE FRAUD.
Lalita Makol Needs an advise. Shall she admit the fraud papers? what effect will it have on the case? Shall she file a complaint agaist the last party? What are the possible outcomes and remedies available with Lalita Makol? Its REALLY URGENT........THANKS.
Snehal
(Expert) 26 June 2011
when a person came before the court with forged documents then he has no right to claim any relief from the court. as may of the courts given the judgments on this - "A petitioner or respondent appears in the court of law then he must come with clean hands, clean objective & clean intention to seek any type of relief from this court." In your case if the documents are fake then you can give such application to the court to dismiss the case filed by your opponent.
