Opt for Settlement or Let the Civil Suit Continue
rajesh makol
(Querist) 11 March 2011
This query is : Open
I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion . On my interference, he told me that Mr. Charanjit Singh has sold the above portion to him and showed a photocopy in which Raj Rani (original allottee) had sold the flat 123C to Charanjit Singh. He further threatened me that my property papers are not genuine. By the time I got my property papers thoroughly checked, Mr. Avtar Singh took the possession of the extended portion. When asked he said he has taken the flat on rent from Mr. Mathur & was not willing to disclose the whereabouts of Mr. Mathur. Mr. Mathur never turned up or picked my phone. In June 2010, the tenant vacated the premises & I got electricity connection disconnected as it was in my ownership rights. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area).
I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. He showed me a manipulated photocopy of property papers. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. NDPL court (CGRF) has provided me all the documents submitted by Sudha Sachdeva with NDPL and asked to file a criminal case against Sudha Sachdeva. At the moment, Sudha Sachdeva has illegal possession of my flat’s rooftop extended structure.
I have made a police complaint regarding the same also but police made routine enquiry and said it is a civil matter.
I have been advised to file a civil suit for cancellation of documents of 123-D and possession of the extended portion. The legal expert says that I have to pay court fee for cancellation of documents as well as for claiming possession of the property. Further he is advising me that after three four hearings the court will send the matter for mediation and I should pay a few lac rupees to Sudha Sachdeva and get the things settled otherwise the case might continue for a very long time. I feel the culprits involved should pay Sudha Sachdeva not me and even if I have to pay that should be some nominal amount. What shall I do? Is my case not strong? Shall I wait or amicably settle? Will the court punish all the culprits involved i.e. Sushil Arora, Rita Kumari, Sudha SAchdeva etc. Please Advise.
