Please suggest fate of my case.
Zeeshan
(Querist) 03 October 2025
This query is : Resolved
Please suggest fait of my case :-
BACKGROUND :-
My father purchased a property in 1984 from one Ms. Zulekhan through a Registered GPA, Agreement to Sell, Agreement Deed, and a Will Deed. We also possess the complete chain of ownership documents dating back to 1960, all supported by Registered GPAs.
The property includes several shops with tenants, one of whom was Mustakeem. His name appears in various property records as a tenant. However, he is not paying any rent. In 2014, my father served a legal notice to Mustakeem, but he did not respond. Subsequently, both my father and Mustakeem passed away in 2016.
LEGAL HISTORY:-
FIRST CASE (August 2016 – Bonafide Eviction):
After Mustakeem’s death, I filed a case for bonafide eviction against his legal heirs. In response, they submitted fake, unregistered documents (including a GPA and Agreement to Sell), claiming their father (Mustakeem) had purchased the shop from someone named Siraj. (only the shop). However, they could not produce any document proving that Siraj was ever the lawful owner.
Strangely, they also got a Registry executed in their name one month after I filed the Bonafide eviction case based on those unregistered documents.
On my advocate’s advice, I withdrew that eviction case, in August 2018 after I filled another 'Suit of Declaration.'
SECOND CASE ( May 2017)– Suit for Declaration:
In between, in MAY 2017, I filed a Suit for Declaration to establish ownership rights.
During proceedings, I requested the court to send the defendants' forged/unregistered documents for forensic examination, but the judge denied the request Stating,' petitioner wants roving enquiry in his behalf.'
The case is now at the Final Argument stage.
Please suggest Final outcome of my case.
THANKS
kavksatyanarayana
(Expert) 03 October 2025
Your father purchased the property through a GPA/Sale Agreement, but it is not a title deed. And who executed the Will and who is the beneficiary? However, the tenant Mustakeem did not pay the rent, and your father sent a legal notice, which Mustakeem did not respond to the notice. Why did your father not file a case against that tenant?
Zeeshan
(Querist) 03 October 2025
The whole chain of property was based on registered GPA'S. Last GPA owner execute agreement to sell, agreement deed, will and GPA in my father's name.
My father will file the case but he expire.
Notice send,
tenant mustakeem died,
My father died
I filed case of bonafide eviction.
kavksatyanarayana
(Expert) 04 October 2025
The whole chain of property based on the registered GPA is not valid. You did not say about Will, who executed it and in whose favour?
T. Kalaiselvan, Advocate
(Expert) 05 October 2025
The so called chain of title documents held in your possession namely GPA deed, agreement to sell, agreement and Will are not legally valid document to establish your title, therefore based on the long possession, you can file a suit for declaration of title, which you have already done and it is in the final stage.
However there was no necessity for you to withdraw the eviction suit because that is on different footing and the declaration suit is totally a different subject hence both can run simultaneously.
Have you filed one or two suits for declaration of title?
Have you included in your pleading about the legal notice your father had sent to the deceased tenant?
Instead of getting the opinion of handwriting experts or forensic department about the forged documents, you could have challenged the documents when they are produced before court at the time of trial.
If you feel that you have a strong ground in the petition you filed under section 45 of Indian evidence act seeking to refer the document to the forensic department for their opinion, then you can very well file a civil revision petition before high court against the orders of the trial court and get the order set aside by an order in the CRP passed by high court.
I think your lawyer may not be cooperating properly with you or perhaps you are being under constant misguidance on various aspects, however these are just my own guess, it may be true or false.
Without knowing what was presented in the final arguments or how the pleadings were established with the documentary evidences to prove your case, any opinion regarding the outcome of the case will be a serious misguidance.
Zeeshan
(Querist) 05 October 2025
Question :- Have you filed one or two suits for declaration of title?
Answer:- Why do I file two suits ??? Please explain.
Question:- Have you included in your pleading about the legal notice your father had sent to the deceased tenant?
Answer:- Yes
Question:- Instead of getting the opinion of handwriting experts or forensic department about the forged documents, you could have challenged the documents when they are produced before court at the time of trial. If you feel that you have a strong ground in the petition you filed under section 45 of Indian evidence act seeking to refer the document to the forensic department for their opinion,
Answer:- My case is at the stage of Final arguments. I filed an application for forensic u/s 151 Cpc Order XVIII rule 3 which was rejected.
What is the difference between 151 cpc and section 45 of Indian evidance atc ? Can I file application u/s 45 of indian evidance act now ?
