Specific performance suit
Amit
(Querist) 05 May 2013
This query is : Resolved
I had purchased a property (flat) in 2008 in Mumbai. Done the necessary due diligence. Submitted form 20 a and 20 b (Intention to buy and sell) to the society, conducted a 20 yr search report, placed ads in newspaper calling for any claims. I then paid the stamp duty and got the Agreement for sale registered and paid the entire amount to the vendor.
The society got a letter from a Lawyer saying his client (the plaintiff) has bought the said property from the vendor but since no documents were attached the society wrote back to him stating they could not put his letter on record. The society and I both got Indemnity bonds executed in our favour and the vendors son ( his only legal heir his son was the witness for the same).
Almost two Years later when the said flat was transferred in my name and a duplicate share certificate issued in my favour as the original had been misplaced by the vendor. Both under the Dy. Registrars orders the plaintiff filed a criminal complaint against me. The vendor had died by now. I gave my reply to the concerned officer and the case was closed stating it was a civil matter.
In 2011 the plaintiff filed a suit under specific relief act and a motion in the High court. He got a stay as he had joined hands with the vendors son to make an Affidavit t hat his father had sold the flat to both of us and I was supposed to pay the plaintiff Rs 48 Lacs which they had received from the plaintiff.
I then found out that he had earlier filed a Pauper Petition for the same case earlier which had got rejected. He has not mentioned this case when he filed this suit. Also since he was a pauper his claim was not continuous to fulfil his part of agreement as needed under the specific relief act.
His Agreement for sale is on a 100 Rs stamp paper with all payments in cash (48 Lacs) 8 lacs in bearer cheques (in cash in vendors name and vendors sons name)from his Pvt Ltd company of which he is a managing director. Cash vouchers (4 x 1000000 and 1x800000)signed for all payments are without a revenue stamp and a common receipt as a part of the agreement also has no revenue stamp. The cash flow not visible in both accounts i.e. Plaintiff and vendor. Also the Plaintiff has not filed Income Tax returns for the last four years and so has his Pvt Ltd company(No AGM or ITR since Incorporation). In the Pauper Petition we found an extra Cash Voucher of Rs 1000000/- also 2 copies of the agreement in the Pauper Petition which are not similar (stamped page has difference in writing but is the same stamp paper)
When I with my Lawyers took inspection of the documents to be relied upon at the plaintiffs lawyers office we noticed some differences in the suit documents and the originals we saw and informed the court of the same in our Affidavit and written statement. The plaintiff then complained in the Bar council against his lawyer and my Lawyer and LODGED A CRIMINAL COMPLAINT AGAINS ME MY LAWYERS AND HIS LAWYER which was also dismissed. A year later he got an order from the court to register a FIR against us. We have now applied for Anticipatory Bail. He did get a stay order for his motion but the suit is now transferred to the civil court. His Lawyer has not yet replied in the Bar Council nor has he given his statement in the Police Complaint.
R.K Nanda
(Expert) 05 May 2013
consult local lawyer.
Amit
(Querist) 05 May 2013
Already consulted a few....
Some say apply for Rejection under Section 7 rule 11
Some say Let te trial go on and issues be framed and get rejected
Rajendra K Goyal
(Expert) 05 May 2013
A local lawyer will better guide and handle this complicated situation. Proceed as per lawyers advice.
R.Ramachandran
(Expert) 05 May 2013
If you go on consult several lawyers, naturally you will end up getting as many opinions as possible. You will not be able to act as per multiple opinions.
Therefore, in your interest and in order not to waste any more time, you have to Zero in on a particular good civil lawyer and engage him.
prabhakar singh
(Expert) 05 May 2013
In such a long story despite efforts i could not decipher of date the agreement to sale is alleged to be?
When was the pauper petition filed and was it with any plaint?If ,yes for what relief?
Is the same plaint or a different plaint has been filed?
When the present suit was registered?
Overview opinion:
In any case it is not a case of rejection of plaint
u/o 7 rule 11 just on ground of weakness or fabrication of agreement unless the suit appears to be barred by time.?
On merit case of plaintiff is weak and can be hit on the ground that plaintiff can not be expected to have been ready and willing to perform his part of contract,when he did not have even court fees to pay.
The agreement can be proved fabricated.Vendor's signature on it should be denied.Passing so much cash
by co. is doubtful in circumstances stated.
Has a/c books of co.examined?What about it's cash book entries?Where from sums shown to have been paid have come from?
Amit
(Querist) 07 May 2013
The suit is not barred by time .
My registeration date is 14th Aug 2008
The Plaintiffs Agreement date is 30th July 2008.
The date for the Pauper Petition is 1st April 2009
The date for the suit under specific relief act is 29th Jan 2011
ajay sethi
(Expert) 07 May 2013
have discussed the case with amit . he has good case on merits . advised him to fight on merits . he is bona fide purchaser of flat . agreement is duly stamped and regd . society has transferred flat in name of amit . share certificate has also been transferred by society .
the alleged agreement relied upon by Plaintiff is not staamped and regd . since suit has been transferred to city civil court and written statement filed issues will be framed and trial shall commence .
