Plaintiffs hid material facts.
Querist :
Anonymous
(Querist) 23 September 2018
This query is : Resolved
I am compelled to post it as anonymous and query is repeated but simplified.
In a suit involving shoddy deals by plaintiff firm of two partners vs defendant my late poa and me, and not party to suit illegal possessors (a mill) of the suit property( illegal tenants " possessions given by plaintiffs)
Plaintiffs had obtained stay and I was not aware as my late poa was handling the matter.
I sold the plot to possessors. Plaintiffs were unaware for 7 years.
In suit plaintiffs a firm stated on oath that
they had the possession and they were paying taxes and also stated that they had leased it to mill, which was a lie, in fact they had illegally sold it to the mill and were never conducting business in the name of the firm( surviving partner has confirmed that the said business of the firm in whose name disputed agreement was done never carried out business). It was a sham firm.
During pendency of suit title got transferred in the name of the illegal possessors/mill.As plaintiffs never had anything to with the plot as they had illegally sold were unaware of the transfer for 7 years. Also one partner out of two died. Issues were framed. From. Issues framed it is clear that court has not taken cognizance of death of the partner. Surviving partner gave witness statement,gets cross examined. After seven years surviving partner files breach of injunction under 39 2a and I am threatened of imprisonment etc.
It is ten years now, court not summoning me neither giving judgment.
Plaintiffs breach of injunction reveals their lie that they had the possession and were paying taxes. There was no legal lease agreement with possessors. Plaintiffs unregistered firm of two, one main partner who signed the disputed agreement in the name of the firm no more.
Can I file the counter suit for giving false statement on oath in original suit that the property is legally leased and plaintiffs are paying taxes and they were in possession.
If it were true how the firm/ surviving partner remained ignorant for seven years.
Lawyers due to local nexus playing safe and may be interested in prolonging.
I am at far off place.
Possessors keeping distance from me. Plaintiff has also applied for their implead-ment
Regards
Querist :
Anonymous
(Querist) 23 September 2018
Possessors a mill of two partner brothers, one brother reportedly took my poa and got transferred the plot during pendancy of the suit, unaware of stay , entire process took three years as per d/c, plaintiff and surviving partner who had claimed that his /their firm had possession and leased it to mill files breach of injunction application during trial and another application impleading possessors after issues framed and giving witness statement where as cause was much before.
Raj Kumar Makkad
(Expert) 23 September 2018
You need to avail the personalized services of a competent local lawyer as it requires the relevant documents to be studied prior to giving definite advice or you may personally consult either of us.
Querist :
Anonymous
(Querist) 23 September 2018
Thanks for responding
Dr J C Vashista
(Expert) 24 September 2018
Consult and engage a local prudent lawyer with copy of relevant documents (if any).
However, if you are located in Delhi/NCR and feel may contact me, (by appointment) at:
Chamber No. 647, 6th Floor, Lawyer's chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
