In Reply To :
Kept for order u/s 38 specific relief act
Many thanks experts Hemant Sir, Vashista Sir and Nanda Sir,
@ Hemant Sir, In the Written Arguments filed, we have almost covered all the crucial points. I am just worried, will the Magistrate consider the Written Arguments or the Oral Arguments, as my lawyer missed several points and some went haywire, in spite of giving the list of points to be argued.
@ Vashista Sir, I am representing the Plaintiff in a Regular Civil Suit filed at Chalisgaon Civil cum Criminal Court. Arguments on EXHIBITS_Unready is a stage of Civil Suit Proceeding.As per your advice, I definitely seek a better local lawyers advice.
@ Nanda Sir, Can I submit the True Copy or get it certified by the Registrar or Magistrate and take back the Original Deed, I am worried the Orig.Document may be misplaced.
I have the video recording of the execution of the GIFT DEED, how can I prove it that its not tempered or edited. However, I have extracted the photographs from the video and submitted in the proceeding alongwith the certified copy of the Form 15 Notorial Register wherein the Donor, Donee and Witnesses signed on it.The essential conditions of the Muslim Gift Deed have been fulfilled i.e. Declaration of the DONOR, Acceptance by the DONEE and Delivery of Possession. I am in the Physical and Construction Possession. I have the ORIGINAL DEED thus I am in the Constructive Possession.
Secondly, the reason for filing the RCS u/s 38 was that the defendants were trying to encroach and show their illicit possession. Since June 2018, inspite of matter being in the court, there were several attempts made to encroach. I informed my Adv to keep it on the Magistrates record but he refrained and ignored for the best reasons known to him. My farmer was threatened by the defendants and they did some ploughing on the land. My advocate informed me that we should also do the ploughing. I raised a question if any riot/ fight takes place who should be held responsible. I informed my advocate that we have filed the case in the Court, what if the Magistrate questions us that why did we approach the illegal way inspite of matter being in the Court, he said nothing. I hope you understand.
May Almighty Lord bless you all experts.
Mohammed R. Shaikh