Scope of a civil suit when the criminal case is on its way
SUNIL KUMAR.C
(Querist) 26 December 2013
This query is : Resolved
Dear Experts,
I had 376 cents (1.52 hectares) of wet land in Kerala which is suitable for prawns cultivation or fish farming. But this wet area having no boundaries physically and the whole property was like a lake. I have sold 219 cents from the above property to one of my natives in 2001 on the oral agreement that he will construct a longitudinal straight line bund as his property boundary so that both parties can do fish farming. But the proposed bund will not match with the existing revenue department records because it is more expensive and also if it is constructing according to the revenue records the bund will not be in a straight line. So this was agreed and the buyer constructed the bund as per the agreement. This bund is the actual boundary of his 219 cents of wet land which I sold to him. The size of this mud bund is 220 meter long, 2 meter wide and 1.5 to 3 meter deep approximately and the buyer planted coconut trees and bamboos in the bund. Now the trees are grown up and aged 8 to 10 years.
At the time of registration of the sale deed ,In order to construct the bund in straight line the buyer had to divide the area of three survey sub divisions, one part is for the buyer and the other part will remain same as my possession and title. This was agreed and then the buyer employed a retired government surveyor to prepare a plan as per the said agreement in line with the government revenue records. Then the buyer and the surveyor together entrusted a document writer to prepare his sale deed as per the newly prepared plan. But the document writer included the entire areas of these three survey sub divisions into the sale deed without considering the agreement between the buyer and seller and he ignored the newly prepared plan .Thus a mistake has happened in this sale deed in survey numbers and extent of the property. As a result of this 34 cents of area mistakenly get included in this sale deed in addition to the agreement. But these 34 cents are not within his bund boundary, anybody can see as the bund still exists. Thus the real intention of the seller is not properly reflected in the documents executed, but I have not been noticed this mistake. The sale consideration received from the buyer is only according to the actual agreement and as per the plan prepared by his surveyor. The buyer never went to village office for pokkuvaravu to get included this property in the revenue records.
After that in 2005, I have sold the remaining portion of the said wet area and my other dry land to another buyer without knowing the mistake happened in first buyer’s deed. I have signed off the sale deed of second buyer prepared by her document writer in good faith. In addition to the above mistake, the second buyer went to village office to do pokkuvaravu for her property. The village officer incorrectly put together the first buyer’s property and the second buyer’s as a whole in the said three survey numbers to the second buyer’s thandapper register and he remitted property tax for the entire area of the said three survey sub divisions. Regarding the possession of the property, there are no any problems and disputes. The dispute is only in the documents.
Then the first buyer filed a complaint against me before the district collector alleging the pokkuvaravu done by the village officer for second buyer while I was working abroad. The district collector directed the police to prosecute me and the police filed FIR and charge sheet in view of the directions given by the district collector.. The collector and the police never gave me an opportunity to enlarge myself on hearing and investigation; even I never received a notice for hearing and neither revenue officers nor police visited the disputed land.
I was not aware about this issue as I have been working abroad. Now I realized that it was a cheating by the first buyer, his surveyor and the document writer to get the whole property at the time of the registration of his sale deed for unlawful gain. I believe that this is a case of criminal conspiracy and breach of trust and is an act done by several persons for common intention. So I filed a case before the court against the first buyer, his surveyor and his document writer (scribe) under sections IPC 120b, 420,406 & 34. Now both criminal cases are on its way.
I am dealing with the effects of this case. I would be more than happy if you could provide me a proper guidance in this regard and I would like to see the issues actually to determine the level of impact and risks. Can someone please guide me how to confront the case before the court of law? What do you think about the scope of a civil suit for the cancellation of the sale deeds of the disputed property? If so I can apply for the complete measurement of the property by a govt. surveyor to determine whether the said 34 cents of wet land is within his possession or not .In addition, I can ask for an advocate commission to determine the genuineness of the first buyer’s complaint. I am expecting a comprehensive reply.
With great admiration and respect, Sunil
ajay sethi
(Expert) 26 December 2013
you can file civil suit . filing of criminal complaint does not bar you from filing civil suit for appropriate releifs .
Devajyoti Barman
(Expert) 26 December 2013
You can file civil suit now. There is no bar for the suits to proceed simultaneously.
Without knowing the details and nature of civil it is difficult to advise further on this.
V R SHROFF
(Expert) 26 December 2013
civil & criminal proceedings can continue side by side. no bar.
SUNIL KUMAR.C
(Querist) 26 December 2013
Thanks a lot for the valuable advises. I would like to know what are the circumstances in general the court may allow petition for the cancellation of sale deed in favour of the seller.
R.K Nanda
(Expert) 26 December 2013
take help of local lawyer.
SUNIL KUMAR.C
(Querist) 26 December 2013
I am getting plenty of controversial opinions from different lawyers.Please help.
Rajendra K Goyal
(Expert) 26 December 2013
Civil suit can be filed. Without going through all the documents nothing concrete can be advised regarding cancellation of sale deed, consult some senior lawyer.
Devajyoti Barman
(Expert) 28 December 2013
Yiu are advised properly. Now do not out your confusions here.
