Obtaining degree by suppressing facts
R Karthikeyan
(Querist) 26 July 2012
This query is : Resolved
Sir
As per my documents, I have 30 cents of land in SF No.184/4 but nine persons were occupied wrongly in my SF No.184/4 instead of their holding of property in 184/3a and 5 out of 9 persons were built houses on the SF No.184/4 by wrong identification.
And after police complaint etc, we proved ourself thro submitting official survey report, revenue records, certificates from Tahsildar, surveyor, Village Administrative Officer, Municipal Corporation and police report etc to the 9 parties, the nine parties didn't accept any records and they have approached the Principal District Munsif seeking prayer for rectification of mistakes in their documents to SF No.184/4 instead of 184/3a by exparty.
The PDM also has given degree by safely that the excutant should execute the rectification deed and thereafter the degree will be effective.
In this case the executant doesn't have the rights to do rectification deed, since he is having the documents only in SF No.184/3a and his previous executants also having the rights of 184/3a, none of the parent documents mentioned as 184/4.
Please note that the above 9 of them filed suit against me in 1 ADM for praying injection for restraining my entrance of their SF 184/3a (wrongly occupied SF No.184/4 pertaining to my land). In this case I have filed counter for seeking commissioner for confirming the SF No. OS is still pending, since they are dragging the case since april '2011.
I have sent notice to SRO, stating the facts with proof documents towards my objection and their cheating or malafide intention etc., today evening.
Last degree was passed on 09-07-2012.
In this stage what I will do ?
1. Whether I will go appeal for setaside the degree in same court but it takes more than a year since it will decided only after trial.
2. Shall I go to Writ of Mandamus or certriori for quashing etc ?
3. Is there any other option to setaside the degree without seeing facts or verifying the documents,given by pdm ?
venkatesh Rao
(Expert) 27 July 2012
It is decree and not degree. Pl. consult a good lawyer of the locality at the earliest.
prabhakar singh
(Expert) 27 July 2012
A writ would not be entertained if appeal is provided.
Get in touch of a local lawyer to know your options against DECREE passed.
