related to contradictory counters in HC
meenakshi chauhan
(Querist) 11 September 2010
This query is : Resolved
We got our conveyance deed cancelled by DDA, on knowing that we moved a writ petition in HC. during that DDA filed its counter, that was obviously against us. But during that writ Lt. Governor restored the conveyance deed in our favour, and so we withdrew our writ. on this the complainant on whose complaint earlier our deed was cancelled filed a writ in HC against us, DDA and Lt.Governor. now, again when DDA gave the counter that was in our favour.
now in rejainder the complaint is pointing this thing that first DDA said this in his counter, and now they are saying this.
can anyone tell that how much this can affect our case, can the complainant raise those points and DDA need to clarify that? OR not?
s.subramanian
(Expert) 11 September 2010
It is quite a serious affair. With two sets of totally conflicting stands taken by DDA, the High Court will consider as to which one is the true version. So do not take it lightly since the DDA has restored the deed. Fight the case with vigour and care. You must with utmost care to prove that the revocation of the deed by DDA was ilegal and that the restoration of the same by DDA is perfectly legal.Good Luck.
s.subramanian
(Expert) 11 September 2010
Moreover the DDA is bound by the earlier pleas taken in your Writ.It is known as Admission by Pleadings under Sec,17 of the Evidence Act. However DDA has the legal right to explain away those admissions in the subsequent proceedings. You may request the DDA to do it to get over the rigors of the law of admissions which will otherwise affect your case very much.
Kiran Kumar
(Expert) 11 September 2010
the approach of the court in your case will be to find out which particular order was legal primarily.
the question is Whether the Conveyance deed is valid or not?
if there is no violation of law and rules governing the issue then mere contradictory statements of DDA will not affect your right.
Uma parameswaran
(Expert) 11 September 2010
DDA can explain the situation made them to file the early counter against you and the present counter favourable towards you.
meenakshi chauhan
(Querist) 13 September 2010
thanks everybody... this is really an interesting case.. first our deed was done after taking approval of governor. then my uncle made complaint.. he easily influenced dda officers and got the deed cancelled again after taking governor consent.. then we approached court and took stay. this time dda gave counter against us. we also approached governor, he saw all our presentations, even met us, and then decided to restore it and gave detailed order, that too totally against dda's officers. and we withdrew our writ. meanwhile uncle again made complaint to HRD, again case was opened, but when we presented our case to HRD they took their letter back legally. then my uncle approached president and through CS, investigation was again reopened, this time with other officers, again gevernor gave order in our favour. and then my uncle filled writ against dda, governor, and us...
can anyone say something about this. what will happen next..
