Property related
Subhash Chandra Tuteja
(Querist) 10 March 2015
This query is : Resolved
1/A Suit was filed in yr 2007 by gr A (two Brothers) on gr B(other Bro & Sis) for Title of a land area 0.59 acre. My Father C was also made a party who interfering in our family matter by insisting party B for partition with intention to grab the land. Gr A & B Compromised and got decree from lok adalat .
2/ Appeal instituted by gr B on gr A and my father was again made a party .Again Gr A & B Compromised and got decree from permanent lok adalat .
3/ Both case my father was ex parte (saman/notice was return with refusal of my father & witness were not our neighbour some one else ).
4/ my father purchased land area 0.59 acre from a zamidar in Yr1960 and also won the case against heir of zamidar in yr 1965.
5/Gr A & B Exhibit zamabondbust 1928-29 in which their g/father was mourski krishak and did not exhibit any other papers against disputed land .They exhibit another document(plain paper) sign by 14 village's persons for their possession since their g/father time.
6/ my father sold land area 0.03 acre in yr 1985 june to six persons whose other land was behind of this land for a path 12ft wide. Balance land area 0.56 acre was given to me against unregistered fmly settlement in yr 1985 july and got muted land in my name in yr 1987 . A pce of land sold for my sister marriage in yr1989 and two other parts were sold in yr 1995.the Balance land area 0.48 acre was in my name since then.
6/ In yr 2007 land was parted in 5 pieces & It was in the name of 11 persons in revenue recorded.but they were not made a party to it.
7/ As balance land .48 acre was in my name since from 1995 I filed a suit in Feb yr 2009 against all above brother & sisters. Both lower Distt courts pass TITLE decree in my favour and null and void above decree for not making me a party in their suit.
8/ High court admitted the case and setting a substantial question of law ABOVE SAID DECREE (YR 2007) IS BINDING ON ME ALSO AS MY FATHER WAS A PARTY.
9/ Party A & B gave false statements in their synopsis/fact of case before H’ble HC are
1) My Father was made party as he was claiming it is his land.
2) In year 2000-01 the land was transfer in the name of party A & B from their G/father.
3) In case file by me Yr 2009 pleaded I am owner of the land area 0.59 acre
Statement 1 never said before and statement 2 said in their origin suit (2007) and exhibit for another land hand written and sign by patwari which was also wrong (In 2000-01 this land was in my name).
Statement 3 just to mislead they stated full land area 0.59 acre instead part land area 0.48 acre
R/Sir ,
1) As responded could not object at the time of admission of case but can it be objected letter on ?
2) If yes, Under What act we can put application?
3) In Decree yr 2007 my father was made a dummy & unimportant party as per their pleading.
Can a title (compromised) decree will be binding on him?
4) Once both lower courts said the decree passed in 2007 is null & void then without discussion on its nullity can be the second question arises?
P. Venu
(Expert) 11 March 2015
Please post the simple facts devoid of opinions or surmises.
ajay sethi
(Expert) 11 March 2015
summarise your query in brief
Rajendra K Goyal
(Expert) 11 March 2015
The case has been to High court and probably 1 Kg or may be more papers must have gathered. All the papers and documents / previous decisions need to be referred. Consult some senior lawyer and have opinion after showing him case file.
R.K Nanda
(Expert) 11 March 2015
matter is complicated and thus go for Paid Phone legal Consultation Press CLICK TO TALK.
Surrender K Singal
(Expert) 12 March 2015
Now, to summarise, is it that Title Decree in your favour by two District Courts has been set aside and the initial decree of 2007 remains ?
If you are agrieved of HC Order against your Title decreed in 2009, only course left was to go to Supreme Court, within limitation ?
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
Query too long and devoid of facts hence do not deserve an opinion,please be precise and short in your query and to give he facts in an apt manner if you are serious about experts opinion.
