I purchased a property from the Nagpur Improvement Trust in the year 1966 on lease for 30 years, which was further extended for a period of 30 years. The property is in my name.
I am an Engineer and I started working at various places in India, Since my parents were financially weak, I allowed my parents alongwith my three brothers and two sisters to stay in my property and I was supporting them financially also.My parents expired and all my brothers and sisters excepting one brother, shifted to other cities.
My lone brother who was staying in the property also expired and his widow and her son continued to stay.On my return after retirement I asked the Widow and her son to shift ( they are financially well now), but instead they filed a suit against me for partition, demanding Rs. 8 lakhs payment for withdrawl of the suit.
The suit says that in the year 1966 when the property was purchased, i was a student and not earning anything and therefore eventhough the property is in my name, the payment must have been made by my father and therefore it is my fathers property and hence should be partitioned.He has made two brothers as plentiffs and two including me defendants. sisters name don,t figure.The property is 5200 squre feet in area and as per the registrars calculations costs rs.33 lakhs. But the suit has feen filed in a lower court having a juridiction of Rs. One lakh only. The court fee paid is Rs. 400.00 based on the price of the property in the uear 1966.( Rs.8000.00 only),
The fact however is that I graduated in 1964 as an engineer and started working as a lecturer in 1964 itself and thereafter rose to become an officer in defence and thereafter continously rising to become a Vice President in Large Private companies.All these certificates have been submitted in the court and have been discussed with the Judge..
After filing the petition the widow (Plaintiff) took three adjournments of one month each, for three months, then proposed an out of court settlement which could not be excepted. Then the argument moved to 9A decision for shifting the pitition to a proper court. Here eventhough we have given proper valuation certificates from an approved valuer, his statements before the court etc the plaintiffs Lawyer has managed to spend another one year through repeated adjournments not giving any reply verbal or written to show that the property costs less than rs. one lakh.
my lawyer has raised only verbal objections against adejournmrnts, but the judge was always happy to grant the adjurnments. The plaintiffs Lawyers is also famous for filing frivolous litigations.
My question is 1.) Whether there is any way to speed up the process 2.) what are the grounds on which I can file a speedier and effective Eviction petition against the widow.3) any other means i can achieve my objective.
Y.V.prasad
