Shall i file cheating case?

Querist : Anonymous (Querist) 29 July 2010 This query is : Resolved
Respected Experts,
I want to have your legal advice for the following problem.
The land owners and a builder have executed an unregistered “Memorandum for Development Rights” in the year 2007 for the development of a land. Due to some government clearances, the said file has been pending for all these days and recently the owners have got clearance from the government.

After getting the said clearance, the owners have executed a Registered Partition deed for their respective shares, in the year 2010.Now the owners are not interested to give the said land for development to the builder, because of hiking of land values.

Now the builder wants to take both civil and criminal proceedings against the owners. And at the 1st instance, is there any possibility to go for a cheating case (Section 420 IPC) against the land owners? If so what he should do.

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s.subramanian (Expert) 29 July 2010
yes.you can lodge a complaint under sec.420

Suryanarayana Tangirala (Expert) 29 July 2010
Well possibilities and probabilities add to the worries never think of them,issue a legal notice canceling the UNREGISTERED MOU firstly

Devajyoti Barman (Expert) 29 July 2010
See if the developer did not suffer any damages because of the owner's refusal to go ahead the MOU or the owners has unreasonably benefited out of their refusal then and then only the case for cheating stands. Otherwise it seems to be a cl;ear case of breach of contract for which civil remedy lies like specific performance of contract.

bhupender sharma (Expert) 29 July 2010
ANY CONTRACTUAL / AGREEMENTAL COMMITMENT DONE BY THE PARTIES ARE TO BE GOVERNED BY THE CIVIL LAW THAT MAY BE BY FILING A SUIT FOR SPECFIC PERFORMANCE (SPECIFIC RELIEF ACT) OF THE CONTRACT OR THE ORDENARY SUIT. NO CRIMINAL PROCEEDINGS CAN BE INTIATED UNLESS AND UNTILL THERE IS INTENTION TO CHEAT SINCE INCEPTION IS THERE. THE LAW OF THE LAND PRONOUNCED BY THE HON'BLE SUPREME COURT IS VERY MUCH CLEAR ABOUT IT.

Querist : Anonymous (Querist) 30 July 2010
Respected Experts,
Thanks to all for giving ur valuable suggession.

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