Breach of injuction
MahendraKumar.H.Trivedi
(Querist) 12 December 2015
This query is : Resolved
My power of attorney had done a registered sale agreement for a plot allotted on lease in 1983. No limit for payment specified in deed but possession was give.when plot became transferable in 2005 It became title holder.my attorney refused to honour the sale agreement and deterred me also as plot was resold unofficially to 4th party and now possessor.
The party who had entered into sale agreement filed a lawsuit naming me and POA as respondents in 2005.
My POA died in 2008 and I sold off the plot in 2009 without consulting lawyer as I was thought case has got dissolved.
Case came up on board in 2011 and my lawyer contacted me in 2014 saying that there was an injunction. Lawyer is also named as lawyer for one of the Plaintiffs.
I destroyed all papers few years back as I thought case had got dissolved.
How can I save my skin.
What maximum punishment can be awarded for breach of injuction as Plaintiff had filed application.
Plaintiff has confirmed non payment till date.
ROHIT SHARMA
(Expert) 12 December 2015
1. This instance attracts Order 39 Rule 2-A of C.P.C.
2. Better consult your advocate.
3. you may be required to deposit the amount of the sale proceed and pay penalty and the said sale deed would be cancelled by the court. Your property can be attached and you can be send to prison for a term extending to three months and also liable to pay penalty.
Rajendra K Goyal
(Expert) 13 December 2015
Discuss with your lawyer and show him all the documents. He may be able to have some solution.
Rajendra K Goyal
(Expert) 06 January 2016
Repeated:
http://www.lawyersclubindia.com/experts/Poa-577656.asp#.VozM_fl97IU
http://www.lawyersclubindia.com/experts/POA-577456.asp#.VozM-vl97IU
