Land double sale
Sam Christopher
(Querist) 26 November 2014
This query is : Resolved
Dear Experts,
My Father bought a 10 cent land in my native in 1991.Since he was in Mumbai we could not take care of it. He returned to native in 2008 and started fencing the area. Suddenly another party came and showed and showed the document that they own 4 Cents in the same land which they bought in 1993. Later we realised that the total area of the plot is 100 cents and the vendor sold 104 cents. ie our part of 4 cents sold twice. We filed a case and it is on for 4 years till now no one has come from the court to measure our plots. We have filed in district court. Now Party B has filed a case in high court to put a stay on the proceeds of District court till high court give the verdict. Please let us know what we should do now? Shall we approach supreme court for this case. How to proceed on this. Pls guide
ABDUL RAZIQUE
(Expert) 26 November 2014
First of all you are the first purchaser of the property so you may be treated the owner of land.
you may contact expert civil lawyer of your jurisdiction of court. it is a matter of sitting discussion so before studying the fact of case it is not suitable to advise go to supreme court.
Sam Christopher
(Querist) 27 November 2014
Hi Abdul Sir,
Thank you very much for your Advice. Since he has already filed a case in high court, how we can counter move. What are the other options available for a speedy closure of the case. Pls advice.
Dr J C Vashista
(Expert) 28 November 2014
Provide full facts and documents of the case to local lawyer, if not engaged earlier, otherwise have faith in your lawyer.
Incomplete facts or second FREE experts opinion may not be according to your choice/query.
You have filed the case in district court, what is the case and what did you pray???
Party B has filed in High Court, what did the party file, seeking what sort of relief????
ABDUL RAZIQUE
(Expert) 29 November 2014
My words same in the language of Dr J C Vashista. May U understand.
T. Kalaiselvan, Advocate
(Expert) 30 November 2014
you may answer the queries raised by experts which will fetch you more proper opinions/advises.
Sam Christopher
(Querist) 01 December 2014
Dear Sir,
We prayed for declaration and recovery of the possession.
We have filed the case and the District Munsif issued an order as below.
1. The suit is for declaration and recovery of possession. The petitioner submitted that the suit property and other property. The petitioner rlied on ExP6 and Ex.P7 to prove his possession. The petitioner submitted that when he is not in station on 10.10.09 the respondent encroached and build the wall across the 1st sechedule propery, this encroached portion was shown as 2nd schedule. Hence this petitioner prayed for injunction to restrain the respondent no to make and construction till the disposal of the suit.
2. The petitioner proved his right and possession over the suit property by virtue of documents. The respondent have not produced any document to prove his part. This court opined that petition have prima facia case and balance of convenience is in his favor.
3. In the result, this court restrained the respondent not to make any new construction over the suit 2nd schedule property till the disposal of the suit.
___________********
The respondents approached High court.
Now we received a Memorandum of Grounds of Civil Revision petition from Madurai High Court as below
"The petitioner above name begs to prefer this memeorandum of Grounds of Civil Revision petition against the fair and decretal order dated 02/12/2013 passed in IAN.471 of 2013 in OSNO.42 on the file of Additional District Munsif court.
We are receiving summons and notices from the respondents lawyers.
However since High court is almost 200 KMs away from my native, we didnt know how to tackle this.
Pls advice.
ABDUL RAZIQUE
(Expert) 02 December 2014
JUst like lower court u may approach and appoint a civil lawyer to proceed the matter.
