Sir
Few days ago, I posted a story of my grievances.
This was about a Sale of Agriculture land which was executed by way of Registered Sale Deed wherein a portion of the consideration amount was given to us by way of cheques and rest of the amount was ensured to us by way of post dated Bank Cheques. These cheques got bounced on the destined date.
Since certain other matters recently have erupted in this regard the same story with relevant other recent occurrences is being reproduced here for your perusal.
But before I proceed further : I prefer to take this opportunity to THANK ADVOCATE KAPIL CHANDNA & SHRI SIVARAMAPRASAD KAPPAGANTU (Manager) who were pleased to guide me with their instant & valuable counsel.
Along with all other probable interested persons, I invite these above mentioned personalities once again to look into my matter so as to find a possible & effective solution for my problem.
My story is as under :
Sir
Being a registered power of attorney holder for my mother, I sold our ancestral agriculture land to one of the residents of our town.
This sale of land was executed by way of Registered Sale Deed & a portion of the consideration amount was given to us by cheques and rest of the amount was ensured to us by way of post dated Bank cheques : the details of which are incorporated in our Sale Deed.
The period for encashment of these posted cheques was of 80 & 85 days approximately.
These cheques were adduced to the Bank for encashment on the destined date. But both the cheques got bounced.
During this period the person who purchased our land, managed to get this land-property mutated in his name at the relevant Govt. Offices and on the basis of 7/12 of the said land even borrowed considerable amount of loan from a Co-Operative Society.
As we found ourselves duped and cheated, we served notices under Section 138 and at a later stage we filed a Civil Suit and moved to Criminal Court / JMFC as well. But in this mess we got a bit late in filing the suit in Criminal Court where the matter is still at the stage for Condonation .
In the Civil Suit we have prayed for :
1) Appointment of Receiver under order XL (1) of CPC so as to protect the suit property.
2) Grant of temporary Injuction.
3) Attachment of the relevant property etc.
But unfortunately all of the above prayers were rejected by the Civil Court.
Hence the matter was taken before the High Court, where appeal against Order and a WP was filed.
Now here, at a stage, the learned Counsels for the plaintiff and defendant on the instructions of their clients amicably settled this dispute that the defendant will tender a demand draft for an amount agreed by both the parties towards full and final payment for the property purchased in the name of plaintiff within a period of three months. A copy of ORAL JUDGEMENT to this effect is also issued.
But even after the stipulated period of three months given by the Court which expired on 19/04/2015, the defendant has not made any payment to us.
Hence a notice in this concern was served to this person on 24/4/2015, asking him to pay the aforesaid amount within 3 days from the receipt of this notice, failing which appropriate steps may be initiated before the Court of Law.
His reply to my above notice is as under :
Para 1 : “It is not disputed that, the Hon’ble Bombay High, Nagpur Bench has in WP No. 5157/2014 passed order …” (he admits the Court Order ..)
Para 2 : “The said Order was passed by the Hon’ble Court on the basis of the submissions made by the respective counsels appearing for parties. Due to some bonafide misunderstandings and failure of proper communication between myself and my counsel, the submissions about payments seems to have been made by my Counsel in the said case. The said compromise is not acceptable to me. I am unable to pay the huge amount without my liability to pay the same. I have also informed my Lawyer about my non acceptance to the said compromise and my inability to pay such a huge amount without that much liability. I would like to remind you that, an amount of Rs. 5,00,000/- was paid to you by D.D. No. 011182 and it was duly enchased by you. This fact was suppressed by you from Hon’ble Court and it seems due to such suppression of material fact in respect of the payments made to you, the Hon’b le Court was made to believe the incorrect liability on me.”
( I agree that this transaction was done with me. But this was known to me & was known to the defendant as well. Moreover this matter was never in question before the Court at any stage.)
The Defendant further says : “I would like to inform you that I am not liable to pay amounts as directed by the Hon’ble Court and therefore I have initiated the proceedings for the review of the said Order. Therefore now there arises no question of making any payment to you.”
“Hence I hereby advise you not to initiate any unnecessary proceedings against me till the review of the said order.”
The Hon’ble Bombay High Court Nagpur Bench, in WP No. 5157/2014 passed order vide Order dated 19/01/2015 and directed the respondent to :
- The defendant to tender the demand draft for an amount of Rs.29,81,590/- towards full and final amount of consideration for the property purchased to the plaintiff.
- The defendant to pay an amount of Rs.1,25,000/- in addition to the aforesaid amount of consideration to the plaintiff towards the amount of interest as well as litigation expenses.
It is note worthy : that the respondent enjoyed each day of the stipulated period of three months, given by the Court & after completion of this period and upon receipt of my notice has begun to raise these aforesaid matters.
Under these circumstances :
- What is the immediate lawful action which is required to be taken by us ?
- What are the chances of getting Cancellation of Sale Deed on the above grounds?
(nooruddin pabani
yavatmal Maharashtra)
