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G.L.N. Prasad (Retired employee.)     20 March 2014

Sale without possession

The property was under lease with a PSU, for 50 year since 1960and PSU is sending lease through Licencee. As rent at that time is nominal, he is paying it by cash without demanding any receipt.  The licencee without knowledge of lessor and lessee filed a specific performance suit on a forged document in 1968,  got it registered through even  when  two mortgages against the sme property are registered un paid  with Registrar, kept as a secret without mutation, without claiming lease rentals, without paying tax and after death of lessor sold away the land.  So neither the party who secured expartee decree nor the recent purchaser have at any time taken possession and showed that a vacant plot whereas there were super structures of PSU.  Is the sale legally valid?  The lease is still in force with PSU by lessor only and not with any others.  As possession is the criterion, for payment of Court fee, what documents are needed to establish possession and the duty and responsibility of lessee in such clandestine deal as at no time they have informed the name of lessor in any court proceeding and the fact of fraudulent averments or on forged signature on consideration promissory note.  (The dues with PSU are adjusted through lease rentals, a settlement office note was given to lessor. The claim of the fraudster is that he has paid the loan to lessee.  Lessees settlement letter with lessor is available.  When there are no such dues, how lessee accepted that licensee/dealer paid such dues is not known, as lessee is not producing any proof of such EMI by licensee even after knowing the modus operandi of fraud and forgery to protect the employee.

What can be done by the lonely woman, on payment of court fee, for getting claim of a stranger of paying their non existing dues which lessee is not producing, and when such settlement letter is available with her.



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