(Querist) 14 April 2022
This query is : Resolved
Respected colleagues & Friends,
I am a senior citizen of 74 years, have experience in legal matters from lower court to Apex Court. In the past collective wisdom of experts of L/C was very helpful. Indeed grateful.
PRESENT MATTER (A) “R” was the owner of a plot in Lal Dora/Agricultural /Gramsabha area. We In 1997 started a school. (B) Society formed making R Addl Secretary & myself Chairman in MOA. We were very friendly. R wanted to sell the property to the school as he was diabetic also,and he bought some stamp paper in 2008 and made GPA/SA/AFFIDAVIT/RECEIPT etc in Principal’s [my wife’s] with a promise to register the documents as registration was not mandatory of Lal Dora area & he had taken 15 Lakhs. [In a similar way he had carried out transactions of 3 plots thru GPA route at that time ]. The documents were witnessed and duly notarized. He mysteriously died in July 2008 at his home and property could not be registered.
(C) The school was running very well by our efforts. The lady said to be his wife alongwith gunda-looking elements, out of greed, barged into the school premises and threatened and asked to vacate the place.
(D) Supeme Court had made Registration mandatory only after 2011 with prospective effect in the case: Suraj Lamp v/s State of Haryana. As stipulated in para-18 of the judgment, a Specific Performance suit was filed by us. In retaliation, she filed a case for eviction etc.
(E) Though about 7 complaints were made to Police from top to bottom, no action was taken whereas in retaliation FIR was filed against the Principal alleging forgery. The Addl.SHO [friend of the lady] who initiated FIR and called the lady principal to P.S. in violation of S-160(1) CrPC. With the connivance of his superiors-nexus, EOW’s Land Grabbing Branch was roped in even though the property was in peaceful possession and also according to Functional Requirement Parameters [as per RTI reply received] they can take up cases of more than 2 also crores only, whereas according admissions and Circle Rates, it cost less than 20 lakhs had locational disadvantage.
(F) S/C had generally observed that land-grabbing is a lucrative source of police corruption. It is reliability learnt that Police had taken 7 lakhs from the lady deceased’s said wife. I/O EOW demanded bribe from us but on two occasions he sent a third person to take the bribe at two different places and hence could not be trapped. The Principal was arrested at the behest of the said lady, from school but arrest location shown as different. A false charge sheet was filed fabricating evidences by EOW. Though exonerated by FSL, she was sent to J/Custody by a MM who ignored principles of audi altream partem, e.g. refused to examine I/O’s phone location etc, and made false charge but sessions observed that it is a civil matter and bail granted.
IN ADJ COURT [HOSTILE WITNESS] Police threatened the witnesses and she also admittedly on oath filed cases against them and helped them in some vehicle financing cases. Naturally they became hostile and concocted stories. EOW freed them of charges. But another witness exposed them by way of statement.
Whereas ADJ passed order completely favouring the said lady. Miscarriage of justice arose from erroneous appreciation of evidence, insignificant discrepancies and inconsistencies [Ramesh Harijan v. State of Uttar Pradesh, AIR 2012 SC 979]as explained in the Law Commission Report N0. 277.
Appeal filed in H/C and is on board and arrears of rent etc was deposited in H/C and she prayed for payment.
I WANT TO INTERPLEAD AS THINGS SEEMS TO HAVE NOT TAKEN UP PROPERLY.
WHETHER ANY ANNEXURES CAN BE PUT IN INTERPLEADER SUIT IN DELHI H/C ? WHICH IS ALLOWED IN S/C. ANY OTHER USEFUL TIPS/ POINTS EXPERTS FEEL USEFUL, MAY PLEASE BE GIVEN. SHALL BE OBLIGED.