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sathya (B.TECH)     25 July 2014

Delay of 430 days

hello sir,

             i sathya my mother having 532 sq of land she never made a agreement of sale but other known person made a duplicate agreement with my mother signature {which can be easily forge} he had filed a complaint in law and he filed case on 2007 and our advocate took it to careless without  vakalath filed[the other party buyed him] and the other person own the case.we had a delay time of 430 days in this time my mother is seriously injured with harina problem and she had a operation in that period.For E.P we filed a case in this we have lost the case on 10-07 the case has lost in high court the very next day with dist principal judge court members he registred 532 sq yards of my mother property .now situtation here is he first showed 2005 agreement in court and now he is showing 2003 agreement .what the step we have to take?    weather we have to go supreme court or any solution this problem? how can i protect my mother property? we have taken loan on this property on 2007 which is due

please suggest me.


 3 Replies

G.L.N. Prasad (Retired employee.)     25 July 2014

The reasons for dismissal of each case and particularly at HC has to be informed to the exerts.  Unless the reasons for dismissal is known, they can not guide you properly.

But if it is fraudulent, it is void abinitio, and non est in eyes of law and can be challenged any where in any court or tribunal.

One has to establish as to how court was mislead by the opponent, establish fraud with forgery.  For this you have to obtain certified copies of such forged documents and then obtain certificate from competent agency, confirming the forgery. Who is in possession ?  How your mother acquired that property ? etc., are relevant issues.

These things can not be settled exactly with advises only, and a capable advocate that can guide and take immediate step is necessary.  (It is not also possible to place all facts in your query, and experts lack that time, focus and concentration to study your case alone and they find only missing links)

(Court also finds it difficult to decide, as many sellers first sells the same, and when there is increase in value of property, they think that they are duped and try to file frivolous petitions.)

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 July 2014

The misleading facts by the opposite side before the court is nothing but played fraud on court which if documentary evidence is strong enough can be proved , however since you have stated that the case has been lost in the lower and high court, the orders passed by the courts and the grounds for dismissal has to be seen to render a proper opinion. In mu opinion, your advocate has not taken up the case for condoning the delay in setting aside the exparte decree properly hence the court has dismissed your petition.  When there was an agreement for sale in the year 2003, a loan application cannot be entertained by the bank on the property in the year 2007 therefore the agreement has to be a fabricated one or an unregistered one and not having legal validity.  Better consult a different lawyer and take his further opinion to proceed accordingly.

1 Like

sathya (B.TECH)     29 July 2014

sir, the registration by court was made on 11-07-2014  when we lost the case in high court 10-07-2014.he also changed the agreement paper first he shown 2005 agreement paper in court. now he his showing 2003 agreement paper.we do not even understand what kind of a criminal games he his playing?

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