required valuable opinion

akash jain (Querist) 24 August 2009 This query is : Resolved
I have purchased a residential property near about 30 yrs back.We got the sale deed Registered through the power of attorney holder of the seller.
The property is muted by us in Muncipal records from then and we are staying there peacefully till now and paying all dues etc in our name as owner.
Recently the owner,3 years back ,after knowing that we lost the copy of power of attorney of seller,refused the registry and given ground that he left the place at the of Registry,and he never sold the property to us.
The registered deed of sale contains Income Tax permission under Section 230A[1],of I.T .Act 1961,which was signed by the original parties and is attached in the registry.The I.T. permission was from the other State,where the seller was filling Income Tax returns and having their Head Office.
Now,can I call the Income Tax Dept of that State from where the order was issued to seller,for witness in Civil Court,where I filled Title deed suit against the seller.The said Order or Permission Order U/S 230A[1] of I.T Act,1961 ,was taken before 30 yrs by the seller.
-what is the process to call them?
-IS Civil Court of one State is having Rights to Call for witness from some another state of India,Or we have to go there,to that State,with my Lawyer,Oath Commissioner,appointed by Court for taking the statement Income Tax Dept of that State?
-Can I will get reply from that Dept. ,after 30 yrs about its verification of that order?
-Can I take use of Right to Information Act,and get some useful reply from that Dept. and avoid going their,so long and incurring so much expenses?
-If I can take use of Right to Information Act,what I must ask to them and for expenses ,what and in which form I have to send money for getting information from I.T Dept.?
_ I.T Dept may refuse to give reply,as the document and information needed by me is of more than 30 yrs old,so what may be appropriate way to ask them ,so as to get reply required for purpose?
What else help and valuable opinion of yours can be received to me in such a matter?
What was the clauses of Section 230A[1],of I.T .Act 1961 and what was the process in Year 1978 to get the Permission under that section of I.T Act,1961?
Please help me and oblidged.
Thanking You sirs,
Akash Maheshwari

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A V Vishal (Expert) 25 August 2009
The query is not clear. The statement given by you that the property was registered 30 yrs back by the POA is contradicting the statement "Recently the owner,3 years back ,after knowing that we lost the copy of power of attorney of seller,refused the registry and given ground that he left the place at the of Registry,and he never sold the property to us.". You please clarify the problem before any further advise is sought by you. Moreover, even going by the limitation act, any suit is barred and the case will be struck down at the admission stage. So give the correct details in a sequential manner.

akash jain (Querist) 06 September 2009
Res.Sir,

Thanks for replying to me and trying to help me.
In our case,we purchased the 2 properties (two registries) Residential and a open plot 30Yrs back ,and the seller got executed the Registered sale deed by his power of attorney.
Now,5 years back we lost a title deed with the seller POA copy, recieved by us at the time of Registration by seller,so we filed complaint and given news paper Advertisement that we lost our original Documents.After knowing that we dont have their copy of Power of Attorney ,which we received at time of purchase, Seller refused the registration of Documents of Year 1979 and Authority to POA holder ,who did the Registry on behalf of seller.
On getting threats etc from land Mafias etc for the same property,where we are staying from last 30 yrs after registry as owners,we filed Title deed suit and App. U/s 39 1 2 for stautus quo ,in civil court.
In civil court Seller refused the Registry and their POA holder authority and stated in court that we are staying in the building and is in our possession from last 30 yrs because of "oral license to stay" and now they terminate that oral License to stay in the property.
we dont know that POA was registerd or not nor we have a copy of it.
But in Registry,when we took out true certified copy of it,we received with registerd document attached-(a) permission from land Ceiling Department for sale of the Property to us and was taken by the same POA holder of the seller and,(b) I.T permission Order signed by the Seller themself and I.T Officer ,granting them permission to execute the sale deed.
But we did not found copy of POA of seller attached with the Registered sale deed,as at that time,Registrar dont use to keep a copy of POA of Seller with the Registerd Documents Records.
On checking records of land Ceiling Dept,we didnt got copy of Seller POA copy,but they accepted the application for granting permission for sale under Land ceiling Act by seller POA Holder after checking his POA copy.
Please suggest now and provide Your Valuable opinion.