Me and my friend has brought 408 square yards my friend has taken 200 yards roadside and i have taken 208 yards back portion and 8 yards is used as common passage after the purchase of the land i got transfer to other state.so, i told my friend to look the land.we have purchased this land in 1997.in 2005 when i return to hyderabad he already constructed his home occupying my 8 yards common passage then i have gone to court. court has given injunction order. by seeing the injunction order my friend approached me to buy the 208 yards and in 2015 we have made a agreement and he also paid the advance 500000 in cash but the original agreement cum notary is with him and i have kept the xerox of the agreement ..after the due date when i ask to pay the remaining amount he is saying that the property is in adverse possession and he is saying that since 1997 he is occupied the land and he is owning this by adverse possession.. my question is with the xerox copy of the agreement which is having his clear finger prints and his signature and also the witness signatures can this xerox copy used in the court as a proof against him. can the finger prints used against him as proof by sending it to the forensic lab..actually this is not only agreement but it is notary agreement which is having notary stamp on it..please reply me whether the xerox copy used as proof..
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1) i presume original agreement is in his possession
2) you can rely upon xerox copy of agreement
3) issue notice to friend produce original document at time of giving evidence in suit
4) if he fails to produce you can rely upon xerox copy of the agreement
My friend is denying that he never made any agreement with me..He is also saying he never paid any amount of 500000 to me in advance ...And also saying to prove me if any..Because he is having the original agreement copy and I am left with the Xerox copy he is denying the truth ..But in the Xerox copy I am having his finger prints and signature very clear..Is this Xerox copy is sufficient against him to win the case ...he is planning to occupy my land by adverse possession..Please suggest me how to deal with him..Thank you..
1) file suit for specific performance of contract
2) if friend is denying agreement you have to prove agreement was executed by friend
3) examine notary who notarised agreement to prove agreement was executed
4) also examine witnesses present and who have affixed their signature on agreement
1. Photocopies are not accepted as evidence by Indian courts.
2. However, the witnesses shown in the said agreement may depose in your favour and the said deposition will be very important for you.
3. There can not be any adverse possession now since you have already approached the Court and got the injunction order against his said occupation.
4. Actually you should have kept the original or certified copy of the original which you have not done.
5. Pursue the case filed by you for claiming your rightb on the 8 yrds of common passage.
5. You now deny having entered in to any agreement with him and having received any amount from him and file suit for his eviction from your said property.
1. This is the golden chance for you to pay him back in his own coin.
2. Get it affirmed under affidavit by him stating that there was no agreement to buy your said property and that he has never made any payment to you.
3. Occupy your land and also lodge a police complaint alleging that he is trying to trespass in to and occupy your land asking for police protection.
4. Employ public security to guard your aid land by paying them fees. This will create record stating that the said land has still not been occupied by your friend.
5. After the said recording of events, he will not be able to claim adverse possession of your said property, since adverse possession requires 12 years of continuous possession against the recorded objection of the land owner.
when a document is signed by two person and one person took original and other party took xerox copy then according to the evidence act, a xerox copy is called primary evidence of the original.
you can file suit for specific performance of the contract according to the agreement made in year 1997 his defence of adverse possession is not sustainable.
