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Saahil Gupta (Service)     24 May 2010

Sale Deed Excecuted by power of attorney, Land Mafia

Mr X has 250 sq yds Plots in Delhi Rajapuri for which he has sale deed of 2005.

He sold 118 Sq yds out of 250 Sq yds to some one  in 2007.

 

Then he (X) gave notary power of of attorney  (unregistered agreement to sell, unregistered receipt, unregistered possesion letter) of rest of the plots 135 Sq yds and all original papers to Y in 2008.

 

Then in May 2009 He sold me (Z) a plot of 50 Sq yds which was part of 135 Sq yds by a Sale Deed.

 

 

Then Y ( owner of power of attorney) sold 135 Sq yds to P by sale deed in September 2009.

 

 

Now there is conflict between me (Z) and P about the title of property as my 50 Syds plot is in 135 Sq. Yds.

 

 

Mr X has ran away.

 

......................................................................................................................................................

 

We filed numerous complaints to police and we also filed case in Public Grievance Commission but Police didn't take any concrete action.

A.C.P ordered status quo and ordered me (z) and P not to go near the property.

Till now no one was living in the house there were two locks on the property.

 

Now what p did::

 

P gave money to some poor lady (G) then G trespassed in our property and then G filed a collusive case in court by showing some rent receipts against P that he P want to dispossess her.

 

Court gave stay order to G that P cannot dispossess G.

 

...................................................................................................................................................

 

 

1 When we came to know this we filed 1/10 application in that court and became party of the collusive case.

 

2 We filed  case against X,Y,P and G  for Declaration, Possession, Damages ,Permanent and Mandatory Injunction in the court of Additional Session Judge.

 

 In this case we got stay and L.C. was appointed.

 

Court ordered to P & G to submit Written statement but from last two dates judge was on  leave and  because of that they have not submitted WS and any documents

 

3 We have also filed a criminal case for against X,Y,P and G

 

  In this case judge ordered S.H.O to make report and next hearing is on 02.06.2010.



Learning

 2 Replies

hari sri chunduru (advocate)     04 September 2010

written statement has to be filed within 90 dyas from date you filed order 1 rule 10 petition court has no power  to increase the time for w.s or allow 148 petition to be filed  you ask the court  clerk to keep before the incharge court on the next date of hearing   and aks for extension of the stay order if the judge if goes on leave supreme court has said that this G.P.A CUM AGREEMENT OF SALE  IS  INCREASING LAND MAFIA AND ASK YOUR ADVOCATE TO SEE THE jUDGEMENT DELIVERED BY THE APEX COURT IN THE YEAR 2009 NOV/DEC.

hari sri chunduru (advocate)     07 September 2010

A.C.P(IF A.C.P MEANS ASSISTANT COMMISSIONER OF POLICE)THEN HE HAS NO RIGHT TO INTERFERE IN THE CIVIL DISPUTE IT IS THE CIVIL COURT WHICH HAS TO GIVE STATUS QUO OR INJUNCTION IF ANY BODY TRESSPASSES THE COURT ORDER THEN YOU HAVE TO GO FOR CONTEMPT OF COURT IF INJUNCTION IN  GRANTED YOU CAN APPROACH THE CIVIL COURT WHICH HAS GRANTED INJUNCTION UNDER ORDER39RUL 2A TO PUNISH THE PERSON  WHO HASA DISOBEYED THE COURT ORDER APPROACH THE CIVIL ADVOCATE WHO IS  WELL VERSED WITH CIVIL PROCEDURE CODE


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