Cr.Complaint
Arun Khanna
(Querist) 03 March 2011
This query is : Resolved
I entered in to an agreement to sell in February, 1996 and the sellers did not get the sale deed registered so I filed a suit for specific performance of the agreement in feb 1999, which is still pending disposal in the court where they have admitted the payments and signatures on agreement but contents denied.
That during the pendency of the suit said Respondent filed on record of the court the sale deed which is allegedly executed and registered in his name on 20th October, 1999 and the same is signed by one Nityanand for self as well as general attorney of Sh. Suraj Parkash, Arun Kumar, Shailender and Surender Kumar who are the co-owners of the land. It may be stated that Shailender Kumar had died on 28.05.1989 as such there was no question of executing the power of attorney by him in favour of Sh. Nityanand, who is alleged to have signed the sale deed in October, 1999 and there is no mention of his death in sale deed. Further, on comparing the certified copy of the sale deed having Registration No: 6141, Dt.21/10/1999, it was revealed that neither any date or any registration number nor any copy of power of attorney in favour of Sh.Nityanand is mentioned or put on record. The same could not be found in mutation records also. Moreover, on comparing the certified copy of the sale deed issued by Sub Registrar, with copy of sale deed submitted in the court by respondent it was found that additions in sale deed have been made with other typewriter and GPA no’s have been added. Even the sub registrar and Area SDM office has certified again under RTI that the sale deed is without comprising GPA No’s and the contents of the same cannot be changed.
Pl. advice
1. if criminal complaint of forgery and misrepresentation of fact can been filed or not, if yes under what section?
2. If cr. complaint against the sub registrar for not following rules can be filed?
Ajay Bansal
(Expert) 03 March 2011
File an application u/s 340 Cr.P.C. in pending civil suit with a prayer that a complaint be registered u/s 193 I.P.C etc. by the court against respondets.
Arun Khanna
(Querist) 07 March 2011
pl. advice can i file police complaint for forgery,impersonation,falsification of govt record? if an official can also be booked[u/s 166 ipc] for not obeying the rules of law and in colusion with sellers or buyer has intentionally given wrong reports becuse of which i had to fight such a long case?
