Suit filing based on un registered agreement
nagarajupatro
(Querist) 14 April 2013
This query is : Resolved
good morning all the experts
An mediator entered in a dispute between two parties i.e., A & B, settled the matter.
During the settlement the mediator X and B party consists of 4 brothers entered in to an agreement and executed a unregistered deed.
Facts : A party purchased land from B party and issued cheques basing on the same B party filed NI Act Cases, upon that A party valued 1acre site Rs. 1 lakh and agreed to pay 2 lakhs to 2 to 4 of B Party and 2lakhs along with 0.50cents land to the no.1 of B party as he had one blind unmarried daughter. As per that deed the dispute between A & B is settled in those terms . While the settlement the mediator X agreed to act on behalf of the A party and to implement the conditions laid in the unregistered agreement. 2years ago with the intereference of the mediator A party sold some extent of land to one realtor and recently the mediator planned to fix boundaries to remaining land. At that time the no.1 of B party went to the scene and asked to register 0.50cents in his name, the mediator rejected for the same and again asked and suggested to have a talk between all the 4 brothers and to reply in whose name the said is to be registered. Its all upon the institence of 3rd member of B party. Thus the mediator violated the conditions of agreement and failed to execute the same. In fact he has to register that site as per the unregistered agreement, later if any dispute arises remaining parties may claim for their share. In this juncture what are the steps to be followed and action to be taken legally against the mediator for violating the conditions of agreement
ajay sethi
(Expert) 14 April 2013
a mediator has no personal interest in the matter . he is only trying to arrive at reconcilation between parties
R.K Nanda
(Expert) 14 April 2013
contact local lawyer.
Devajyoti Barman
(Expert) 14 April 2013
If you feel aggrieved by the conduct of the mediator then apply court to change the mediator.
Raj Kumar Makkad
(Expert) 14 April 2013
Mediator was not appointed by any court rather it was decided between the parties. If B party has violated the agreement with the help of the mediator then A party has got cause of action against B party and thus the civil suit seeking compensation with the declaration can be filed.
