About section 31 of the specific relief act, 1963
ajitkumar
(Querist) 15 April 2015
This query is : Resolved
Respected Sir/Madam,
In 2009 there was partition of our family property in revenue court.But i have challenged it and appeal it on higher level now the current situation is that appeal is pending at Pune commosioner office since 2011.Mean while the shares of property which got to my uncle was sold to third party in 2011.
Also there was one decree passed by court in 1979 according to which my father has right on that property. and My appeal in Pune Commisioner office is based on it.Also all land is of HUF so we demand for equal partition.
When I get certified copy of sale deed there was big cheating. i.e since 2007 there was mark and note of penalty of 100000 rupees of Maharashtra Goverment on 7/12.
But on the day of sale deed tha village accountant(Talathi)hide that mark without any registered proof he attach forged 7/12 extract to the sale deed.But after that this penalty note is there till now.
Also for the purpose of shorting stamp valuation he mention that land was not under irrigation but land is under irrigation and as per the government rates there was huge difference.
Sir Please advice me, can I file suite against this forging and Cancellation of sale deed under Section 31 of The Specific Relief Act, 1963 ? and is it possible to file F.I.R against all those are involved in it ?.
Please advice me. Your advice is more useful for me.
Also said decree is never executed by court. Can I submit it to court for execution ??
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
What have you been doing all these years?, the matter should not be taken through revenue court at all, you could have come to judicial court that time itself. Consult a local lawyer with all papers and proceed as per his opinion.
