Leena Chandwani
Asked June 01, 2019

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  • 4 Answers
  • 158 Views

I had purchased a property back in 2011 by paying the full dues. Those were pre RERA times when the amount shown in the sale deed was much less than the actual amount paid. However we have paid all the amounts by cheques and have all the records. We had paid to the builder as we purchased the apartment which was under the builder's share. The builder went absconding after a few years and we were left with the owner of the land who lives in the same apartment. He started torturing us for the money saying he completed the building as the builder ran away. He filed a criminal case on us which we are fighting currently. He also disconnected our water supply and we moved out of the apartment and are living on rent elsewhere. He has now filed a civil suit on me U/O 7 Rule 1&2 and R/W Sec 26 of CPC. He has threatened to cancel my sale deed. I don't even know what is this fresh civil suit since the summon could not get delivered to me. When I appeared in the court, they said the plaintiff lawyer is not present and how did I appear in the court when the summon could not get delivered to me. So basically court did not accept vakalathnama from us as the plaintiff lawyer was not present. I understand criminal case can be quashed by filing criminal petition before High Court under 482 of CrPC. How much time and money will this cost me? Is this a guaranteed way if it can be proved that the criminal case is baseless / literally has no grounds. Case 10696/2016 Also how can I get the civil suit dismissed before it gets admitted. Filing 2629/2019. For water supply disconnection, I approached the Human Rights commission who supported me with the local police and I got my water supply restored

Answers 4

Since matter is subjudice before court hence all details are required to be examined in detail to render appropriate advice. The matter does not amount to violation of any human right but it is a civil dispute. So consult with details. Siddharth Srivastava,9811776422

Agree Comment 0 Agrees over 2 years ago

Since matter is subjudice before court hence all details are required to be examined in detail to render appropriate advice. The matter does not amount to violation of any human right but it is a civil dispute. So consult with details. Siddharth Srivastava,9811776422

Agree Comment 0 Agrees over 2 years ago

It is strange that without receiving notice you got information of case and that too appeared in court. The court has rightly rejected to accept your vakalatnama. REjection was no for the reason as stated by you that as plaintiff lawyer was not present so court had rejected your vakalatnama. It is your misconception and wrong understanding of court procedure and law. For filing vakalatnama the presence of plaintiff or his lawyer is not required. On paper and in the light of sale deed you are the absolute owner of the property. You have the right to file your counter claim and also seek relief of restoration of amenties. Rest is your imagination only as there is no criminal case which has yet been filed against you. Mere filing of petition u/s. 482 does not prove that the complaint is false or baseless. If required consult with details. Siddharth Srivastava, 9811776422

Agree Comment 0 Agrees over 2 years ago

Dear Sir,

Cancellation of registered deed is very difficult. Possession is 9 points in law as such just ignore his litigations and continue to stay peacefully.  

For full procedure contact me on mobile through the Administrators of this Website.

 

Agree Comment 0 Agrees over 2 years ago

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