Further sale of property during pendency of suits in court
YAKSHYAP ARORA
(Querist) 15 July 2013
This query is : Resolved
14.01.1994
Plaintiff XXX herein had filed suit for Permanent Injunction against Defendent YYY w.r.t Property . It is also relevant to mention that the Status Quo Order restraining Construction was passed on 14.01.1994 in this Suit filed for Permanent Injunction in view of report of Local Commissioner on the aforesaid property which lasted till year 2007.
17.04.1995
Plaintiff XXX herein had filed suit for Declaration, Partition and Injunction w.r.t Property against YYY . Current Status of this Suit :: Regular Second Appeal is being heard in the High Court and the Status Quo order has been passed with regard to the Title as well as Possession of the Suit Property in 2013. It is also relevant to mention that YYY/Defendent herein this Suit subsequent to filing of the statement proceeded Ex-parte.
26.08.2004
Defendant YYY had instituted a Suit seeking relief of decree of Possession against Plaintiff XXX , his relatives , family members in respect of Third Floor of aforesaid Disputed property which was finally dismissed on 26.08.2004 on the Ground that Defendant YYY was not interested in pursuing the matter . July 2013 ::
At the time of service of the aforesaid notice and stay order issued by Hon’ble High Court in RSA No. __ of 2013 against Defendent YYY, certain facts came to my knowledge. The notice had been returned with remarks that YYY had moved from his address and left. Upon an informal inquiry done by me, I have come to know the facts, stated in brief in the following paragraphs below.
13.01.2004
During the Trial of Suit against Defendent YYY for Permanent injunction in which Status Quo was provided by Hon’ble Court ,Notices being issued by Court ,Differences existed on the same Suit Property as well as During the Trial of Suit for Declaration, Partition and Injunction w.r.t same Suit Property against Defendent YYY , Notices were being issued by Court as well as Differences existed . Following Sale Deed was executed by YYY in favour of ZZZ who was a tenant in the same property during the pendency of Suit for Declaration, Partition and Injunction and Suit for Permanent Injunction in which Status Quo Order restraining Construction was passed on 14.01.1994. Further sale of Aforesaid property was executed by Defendent YYY who has been the main party in above Suits in favour of ZZZ, AAA and BBB in the ratio of 50% undivided share , 25% undivided share and 25% undivided share respectively in collusion with them as ZZZ and AAA were the tenants in the same property while BBB was a property dealer in the vicinity of our Disputed Property. Following language has been misrepresented in Sale Deed that Aforesaid property is free from all sorts of encumbrances such as Notices, Any Stay Order from any Court, Differences, Injunction or Notification. The Sale deed reveals that YYY who is the vendor has delivered the Original Sale Deed and other relevant documents/papers relating to the said property to the vendee ZZZ, AAA and BBB which is false as orignal documents have been in the possession of Plaintiff XXX even now. However it is relevant to mention that YYY never possessed Original relevant Documents/Papers as these papers are under Possession of Plaintiff XXX and same is being highlighted in the above mentioned Suits .The Sale deed also reveals that False Map Plan document has been created with First Floor has been misrepresented as Mezzanine Floor as the Building consisted of Ground Floor, First Floor, Second Floor , Third Floor and Roof. Sale Deed also reveals that Undivided Portion including Third Floor of the property being sold to Vendee ZZZ , AAA and BBB is also being misrepresented intentionally in collusion, as Third Floor and Roof was always in the Possession of Plaintiff XXX. The Sale deed also reveals that Plan annexed within the Sale Deed has also been misrepresented and Fudged .
At the time of service of the aforesaid notice and stay order issued by Hon’ble High Court in RSA No. __ of 2013 against Defendent YYY, certain facts came to my knowledge. The notice had been returned with remarks that YYY had moved from his address and left. Upon an informal inquiry done by me, I have come to know the facts, stated in brief in the following paragraphs below.
Please Advise ::
Please advise for Next Course of Action w.r.t Current Regular Second Appeal and get the Stay Order for New Parties for further sale ?
Shall we file seperate Civil Suit for cancellation of new sale deeds ?
Please guide me about the Criminal Suit to be filed as Further Sale has been executed in collusion between Vendors and Vendee as not only False Map Plan which is a part of Sale Deed Document has been created and attached. While Original Property Papers are still lying with Plaintiff and False Language being used in Sale Deed claiming that No Notices and Differences existed on the suit Property ?
R.K Nanda
(Expert) 15 July 2013
consult local lawyer.
