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Bhika Reghiwale   08 May 2017

Sawakari case

1)  I received loan 3 lac from money lender on 8/11/08 & given to my friend Adil. 2) For this He executed Isar pawati on 100 rs stamp & notarized. On this pawati there is a signature of Adil as a witness as a guaranty. 3) We quoted  date of execution of sell deed 2/2/2009 in above pawati He did not come for purchase. 4). After one moth on 12/3/2009 ,he came to me for extn of time & taken 2 momths time for selldeed fixed on 10/5/2009. He did not come on this day also. 5) Again after a gap of 4 month from above dt He again taken 5 month time more up to 11/10/2009. He did not come for selldeed. Because he was earning a huge interest 10 % per month. 6) Later on after 1 yr He lodged a civil suit on 12/11/2010 for this land by issuing notice stating a dt for sell deed as 12/12/2010 ( after 27 moths when prises of land also gone very high ) 7) On dt 12/12/2010 he purchased 20 rs stamp from collector office for his proof to attend Sub registrar office for proving his presence 8) In entire suit he said I was ready & willing to executing sell deed. During above period he is having 1) proof of money paid by cheque ie Isar pawati. 2) stamp of 20 rs purchased for attending Sud registrar office on 12/12/10 Only, as per his suit filled. 9) Adil left our city due to the pressure of this money lender. Please help me how to plead this case.


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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 May 2017

File money Recoverysuit in local courts. Recovery of money suits are governed under Order VII of CPC.  In the absence of written agreement, a suit can be filed on the basis of a oral agreement.  
 


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