Dear
All Experts
I kaushal arora purchased a land from Indian Overseas Bank under sarfaesi Act & later on sale Deed, & Registration formality with registrar is completed. I had also covered the land by Boundary wall & locked it with my possession. But at the time of name transfer formality, at tehsildar court, the borrower objected that ….1-stamp duty is charged only on the sale value & it should be charged on the govt ceiling value (Market value). 2. As the land is diverted land, permission from collector is not taken. Both the objection were overruled by the tehsildar as these were under the scope of sarfesei act. Finally Name was transferred as per procedure.
Now the borrower again appealed in the court of Sub Divisional Magistrate & SDM granted stay, saying not to utilize the property & to maintain the status of land as it is,till the decision is in process under this court .
Now this proceeding may take 6-12 months time. As the borrowers intention is to harass me & he also knows that he is complaining baseless. If his appeal shall be rejected in this court, he shall again appeal in Additional collector office, then revenue court, then Civil Court, & so on…..!
My question is this that what is the end point? I purchased this property at the age of 53 to construct my house, & if such kind of harassment from law & the borrower both, continues, then when I shall be able to make my house?
Although it is clearly mentioned, in Saerfaesi act S.No. 34 that no civil court has jurisdiction to entertain any suit or proceeding in respect of DRT matters & no injunction shall be granted but One more problem is here with me, is that at our town no Judge knows about the Saerfaesi act, & when our lawyer shows them the ruling, he takes a lot of time to study it.
I request to all of you experts to please look in to the matter & please advise if there any rule or court can relieve me. Can I get relief in this matter of intentional harassment & appeal in any court against STAY, which is being frequently imposed by all the courts? Or any other solution of my problem ?
Please advise.
