Fraud in execution case
r k sinha
(Querist) 13 February 2013
This query is : Resolved
two group of persons connived to usurp a nazul lease land and filed o s case before cour in 1989 t and after filing amendment application for deleting names of some parties,in 1995 filed compromise application after 50days regarding partitioning half parts for defendent and half to a third party,(pl note)without impleading state government as necessary party,got decree as per compromise for sale of nazul property.in 1996 execution case was filed for sale of said property,the court ordered since nazul land was being sold,the court cannot sale the nazul land in a suit for specific performance on may 1999to which the decree holder submitted that only lease rights were being sold and amended draft sale deed was submitted.on on 7aug 2001 sale was executed and sent for registration and on 9aug2001 it was impounded for evasion of stamp duty as the sale consideration was rs125000 on whichrs12500stampduty paid.circle rate based value was rs2745000 and rs274500was to be paid.on affidavits of decreeholders that only lease rights were sold and no nazul land was sold,the court issued letters to collector/sub registrar that sent sale deed was of sale of lease rights.on enquiring it was found that the said sale deed was fraudulently changed into sale of nazul property.the fraudsters managed to get freehold of property on the basis of sale of leased land on application made on 29jan 1999 and freehold accorded on 3dec2004.pl note in the court decreeholders in 2001,02,06 2007 affirmed that nazul land was not sold.moreover the collector passed an order that the deed was duly stamped as the land was not sold and no applicability js accorded in refer to any conversion into freehold.nazul dept to be conveyed about tha order.but here too fraudsters managed to get the lease hold into freehold deed registered by nazul dept in league with them.now those persons filing cases as they were landlords.kindly advise action into this fraud.the said deed was never returned to court and the ex case was pending,having no dates from 2008 and after june2012 case still pending and i have complained the concerned court thru regd post, what is the status of said deeds of freehold and fraudulent nazul property saledeed as the execution case is still pending todate.the saledeed dt 07aug 2001 is of nazul proprty whereas per the order and affidavits on record and letters sent by court to subregistrar and colector testify that it was lease rights were sold and deed executed and not the nazul land was sold in the case by executing court.the original lesse of lease land nazul is no more and as per govt policy and orders the physical holders of such land as evidenced in rent control rules is only eligible for getting leased nazul land converted into freehold,here a third party an educational society, which was not a party to the original suit n ex case, managed to get the land thru above fraud,the lease saledeed as executed also not confers title of lesse as the state govt was not a party and lease deed forbids any trade r business on that nazul land and only private dwelling house be permitted by.there is no permission to sale granted for nazul land too
ajay sethi
(Expert) 13 February 2013
what is your query ? be brief and to the point .
Raj Kumar Makkad
(Expert) 13 February 2013
This is a clear fraud by many parties with malafide intention so better to file criminal case against all erring parties.
r k sinha
(Querist) 13 February 2013
thanx mr.makkadji, this case was the brainchild of a person who during his stint as a high court judge,filed false statements and filed amendment application for deleting parties names and entered into compromise for sale of nazul land without any permission for sale and also the state govt was not made a party being a necessary party.hence it is also not a lawful compromise,and inspite of compromise'execution suit was initiated by 'in which that court upheld that court cannot sell nazul land in a suit for sp.perfomance of contract.he was a plaintiff/decreeholder in this and was retired in 2004.since 2001 the said executed sale deed was not presented back to the execution court tilldate as thar deed was not same as the court executed in reference to the records.i have complained about this in writing to the concerned court and no action seems to be taken by in sheer contravention of provisions of sec 151cpc read with sec340 cr p c and various findings of supreme court as the cognizance of fraud is duly on record before the court concerned. All relevant records are in judicial proceedings and is evidence of various criminal acts committed by the perpetrators of crime and fraud upon court and public policy. Whether any higher judiciary be approached over this deliberations and acts of fraud?
r k sinha
(Querist) 14 February 2013
whether the said court which executed sale of lease rights(it is also an act not legal) and such deed was registered after 6years and as putforth by the said persons is of sale of nazul property as per verbatum may summon that deed and enquire whether it was the same deed as sale of lease right?
Raj Kumar Makkad
(Expert) 14 February 2013
I do agree that such rasukhdar persons do use judiciary for their own purpose many times and all those should be dealt with high hands. It shall be better to file a writ before high court under Article 226 & 227 to direct the relevant authorities to initiate strong action aginst uch fradulant personalities at the earliest and even may submit the report before high court within a time frame.
