Some twelve years ago my father sold the resumed property by accepting cash against a bearer cheque that was encashed by the seller himself by getting our signatures on the back (of this cheque) on the conditional noting written in the agreement that this property is resumed at present and the buyer will get the site restored and the seller will borne all the expenses (with three months time frame). They kept the cash with themselves to get the orders initiated as early as possible as they said they had solid contacts in the deptt. and sooner they will get the orders of restoration in their hands. We demanded the receipt for the same but they insisted that it is all written in the agreement. That they can't give us the receipt of the same and this all is for the fast actional benefit of this case & that they will pay the payment from the earnest money to the deptt. directly and suggested us to take it positively, which all agreed to. But they couldn't get the orders and demanded three more months or thirty days after the letter issued by the relevant deptt. to deposit the money and restoration of site which we totally refused. They got very aggresive and started threatening us of dire-consequenses. So they themselves later on suggested us to write the word which ever is earlier in the end of the line i.e three more months or thirty days after the letter issued by the relevant deptt. which ever is earlier. But all their attempts to get the restoration at their level failed in the departments own court of hearing and the case got worse for us and we were left with no resource but to apply for appeal or go to court. They backed out of the deal as they had already got all their own cash with themselves and never returned us our agreement and receipt. So at this time I took the initiative to go for appeal as the agreement was already expired. Since these long years of court hardship I got my site restored by court orders and I started full construction of my site with my own funds and simultaneously alongwith the court proceedings I paid/cleared all the due payments from my own pocket only. Also I paid all the interest alongwith all the penalties and applied for occupation certificate, conveyance deed in my favour and further applied for n.o.c. But only then I came to know that someone has filed objection in my file which I came to know as buyer no. two who bought this expired agreement from buyer no. one after a period of almost five years. Now he has gone to court under specific performance act by making a cutting in the extension on the words which ever is earlier to make the agreement open for unlimited time for their own convenience and their are no counter signatures in this extension, by making the false pleas that he was with me in all the court proceedings and I have now changed my plans to sell the same to someone else on higher rates, while they were never available in all these days of my court hardships since the agreement was expired long ago without any cuttings. Now my enquiry is as follows:
1. Can they make cutting in the agreement for their own benefit without any counter signatures to make it open when it has expired long ago .
2. How can they claim when the date of thirty days extension of demanding money by the deptt. has also lapsed which they have claimed in their case, but as per the words this agreement has already expired within six months of our acceptance of this agreement.
3. Since due to them this case got worse and I've to fight it for my sake they never approached us as they already had the earnest money with themselves and now are playing false games with us.
4. One more interesting fact is that the cutting is 80-90% visible under the horizontal lines and which and earlier words are clearly visible under these lines, it has totally changed the meaning of agreement. Can we prove their fraudulant behavior by cutting the words for their own benefits as now the proprety has appreciated many folds. Also can we take the help of forensic science as the words can be seen/visible under ultravoilet lightning.
5. The master mind behind this are the dealers who got this expired agreement further sold to buyer no. two and also were the witness in the second agreement to strongly help him.
6. Also during all our previous court proceedings and construction of my site (which I've rented now) they never ever approached us and are now creating problems in my getting n.o.c. and trying to blackmail me .
7. They have now shown their willingness to pay the amount in the agreement previously made and not demanded the earnest money back which has already been forefitted (had they made no cutting in the extension). This clearly shows their bad intention that they were working with since the start of this agreement.
Kindly suggest me the preventive measures and some relevant precedents to fight this case strongly. Waiting.....
