Property matter

Rekha..... (Querist) 20 October 2008 This query is : Resolved
Hello! How r u everybody?
Here is the query
The gentleman has acquired the property by the partition of his ancestral property. The said Property consists of numbers of Plots. The said Gentleman had sold his 6 plots to one party ‘A” in 1992 and the same plots sold by the party’A’ i.e37,38,39 and 53,54,55 to our client in 1995 out of 6 plots,4plots were(37,38,54,55) sold by our client to other party in 2006. Because of some financial difficulties our client could not construct any structure on the remaining 2(39,53) plots. Our client applied for Lay out plan for the said plots and realized that the Description of the property and the situation of the property were not as per the Deed. Meanwhile these said plots are occupied illegally by the friends of the original owner by his (original owner) consent. Our client has requested solution from the original owner but he is not giving any response. The original owner suggested our client for alternate plots i.e 21, 26 and my client get executed Power of attorney and agreement to sale (notarized only) for both the plots in favor of him. When our client started some activities on the alternate plots the one builder informed our client that the said plots are already sold to him . V checked recently 7/12 and Index –II also Plots no.39 and 53 are in the name of our client, and plots no.21,26 are in the names of some parties(sale deed executed in 1982 yet to be confirm for the revenue records) .Our client issued notice to original owner dt 3/11/2004 and also approached to the Collector of the District for the said problem and because of this our client could sold above said plots(37,38,55,54) in January2006 .

Would u please give us suggestions and Guidance under which law v hv to proceed? Can it come under the law of consumer Protection act? Civil or Criminal proceedings Plz…
Thanx for giving ur valuable time.
RHM, NJP, HDM, RMH

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Adv.Shine Thomas (Expert) 20 October 2008
It will not come under Consumer Protection.

K.C.Suresh (Expert) 20 October 2008
You may look the ingredients of Section.420 IPC and seek Civil remedy also. Don't go after CPA. It will not help you as shine rightly said