File for setting aside judgement

Unable to understand your querry. 

Ram,

Firstly, it is not stamp duty as you are referring here, it is court fee.  The court fee differs from state to state in India.  You may verify the actual court fee payable in the above case as per the your State court fee act.  Further the lower court judgment can be set aside only on an appeal preferred  before its immediate higher court, so please see what you exactly wanted to clarify here. 

Sir, 

A land belonging to me was transferred by another person (say X) to a third party (say Y).

Both are not known to me.

The chain of transfers in EC reflects property is in my name till a certain date. Thereafter the title is transferred by one Mr. X (seller) to Mr. Y (buyer). There is no evidence of the title being transferred from my name to Mr. X at all. The signatory for Mr. X (seller) is the district court itself.

The modus operendi is that X and Y enter into a contract for selling my land. Thereafter, Y (the buyer) goes to court stating he has paid the money but the buyer is not transfering the title to him. The court decides in his favour (exparte) and instructs the seller (X) to transfer the property within say (3 months). After 3 months, Y goes to the court again for specific performance. Again it is decided in his favour and EP is decided in his favour (exparte). Thereafter, on behalf of X, the court signs the sale deed and the property is transferred to him.

The entire process is not known to me.

Now, I need to set aside the judgement of the court.

Should I pay the required court-fee (based on current market value) to appeal against the court decision?

I am not a party to the original suit filed by Y and hence I feel I should not be asked to pay a very high court-fee based on the current market value of the property. 

I would very much like your opinion on this.

Sir, 

Thanks for your response. I will try to make it clear.

A land belonging to me was transferred by another person (say X) to a third party (say Y).

Both are not known to me.

The chain of transfers in EC reflects property is in my name till a certain date. Thereafter the title is transferred by one Mr. X (seller) to Mr. Y (buyer). There is no evidence of the title being transferred from my name to Mr. X at all. The signatory for Mr. X (seller) is the district court itself. 

The modus operendi is that X and Y enter into a contract for selling my land. Thereafter, Y (the buyer) goes to court stating he has paid the money but the buyer is not transfering the title to him. The court decides in his favour (exparte) and instructs the seller (X) to transfer the property within say (3 months). After 3 months, Y goes to the court again for specific performance. Again it is decided in his favour and EP is decided in his favour (exparte). Thereafter, on behalf of X, the court signs the sale deed and the property is transferred to him.

The entire process is not known to me.

Now, I need to set aside the judgement of the court.

Should I pay the required court-fee (based on current market value) to appeal against the court decision?

I am not a party to the original suit filed by Y and hence I feel I should not be asked to pay a very high court-fee based on the current market value of the property. 

I would very much like your opinion on this.

In your case to my opinion you must first file a set aside petition under O9R7 along with an application u/s 5 of limitation act for condoning the delay in filing the set aside petition, once the decree is set aside you have to file a petition to implead yourself as a party to the suit and then once impleaded file your written statement and contest the case. In his you do not have to file any court fee of big value for the purpose except the small court fee stamps to be affixed on the petitions.  Hope this clears all your doubt.   If your query in the first stage itself was this clear, I would not have suggested you to go for an appeal against the judgment, hence in the future be convincing in your query as to what you are actually upto and relief or remedy sought thereby.  Thank you. - Adv Kalaiselvan, Ph: +919443441062

Along with the set aside petition, can I also apply for  a stay order for the following:

(1) Asking the subregistrar not to effect any further transfer of title in the said property

(2) Asking the revenue authorities not to sanction any building plan sanction till the issue is settled

(3) Instructing the present title holder not to make any alterations in the property till settlement of the case.

I am not sure what the legal terms are for the above. My intention is that till my case comes up for hearing and the case is settled, there should not be any further complications in the property title. 

Would very much appreciate if you can reply to the above.

Ram,

After permitted to be impleaded as party by the court in the suit , you  may file an interlocutory application under OXXXIX R1&2 seeking an order of permanent injunction restraining the respondents from further encumbering the property, putting up any construction or super structure or making any alteration to the schedule property till the disposal of the main suit.