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. Can someone please help me ?
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I am not getting, you have made full payment, have full receipt, registered sale deed. On the basis of builder land lord agreement, you have purchased from builder share. How come criminal case maintainable agasint you or civil suit.
On the contrary, you should file criminal case agasint him or injunction suit not to interfere with your peaceful possession.
Sale deed cannot be cancel just like that. File cross claim in civil suit.
1. I wonder in stead of you why you allowed you them to file the case.
2. You now must file a case before the consumer forum making the developer and the land owner party to the proceeding.
3 The consumer forum on proof of payment would direct developer , ex parte, to register the ale deed which oyu in execution proceeding can get it done though the officials of the forum.
4. The pendency of the cases would not hamper the merit of the case to be filed before the consumer forum.
You can contest the same. If you have paid the builder everything then you don't have to worry. Just contest the civil suit through a good lawyer
Landowners must have executed POA in favour of builder
2) on basis of said POA builder must have sold flat to you and delivered possession of flat
3) landowner cannot disconnect water supply as it is an essential service
4) he cannot cancel registered sale deed
5) engage a lawyer and file detailed reply to suit filed by landowner
Hello,
dear sir, please share the copy of the documents with some advocate for a concrete advise. It is difficult for use to give a very concrete advise based on limited facts provided by you.
Let me know if I can be of some help.
Regards
1) You can ask him to produce his sale deed and compare with your sale deed check the stamp duty and registration charges paid both of you.
2) Check the terms and conditions of the sale deeds of both.
3) If property is in your possession than don't worry kindly check all.mutation papers as with clear title so you can produce in the court from your side.
On the e-courts app, the civil suit Filing no 2629/2019, CNR KABC[deleted]. Can this be dismissed in the first hearing since it is a filing number not case number. My understanding was that a filing number means the case is not yet admitted in court. Am I correct ?
Don`t get confuse with filling and case no. When court dose not matter of urgent nature, issues notice to other party so that admission argument can be done. And whether admit or not after hearing both party.
Appear in court, possibility that after hearing you, court may not admit case, depends on pleading and cause of action raised.
If both the party do not attend to next 2-3 hearing than court may dismiss this case.
1) on removal pf office objections suit would be numbered
2) in case of non removal of office objections within time period granted by court suit canbe dismissed
No filing no is also there. later you get registration no also. In this case you need to file application in court for no cause of action and dismissal
As far as the criminal case is concerned such can be quashed by filing criminal petition before High Court under 482 of CrPC. You must also file writ petition for disconnection of water supply. As far a civil case is concerned what is the nature of suit? Suit for declaration or Injunction.
The owner cannot disconnect the basic amenities that were provided to you.
If the builder ran away then it is the problem between him and the builder, he cannot penalise you for this
If he has filed a suit agaisnt you, beter challenge the same on merits and documentary evidences in your support.
What is the criminal case he has filed against you?
You may have to fight it out on the basis of the payments made by cheque and bank transactions whose records will be available with you.
The case is filed before the court.
The court will first allot a number before taking the case into its file, and after ascertaining the basic facts it may take the case on its file after which the case number will be allotted.
You may wait for the summons before that do not conclude on anything.
Dear Sir,
Filing number will be given first then it will be assigned it OS (Original Suit) number. It cannot be dismissed summarily, your assumption is wrong. You must appear and file an application order for rejecting the plaint then only such rejection of plaint/suit is available. You can file application for restoration of water. Supreme Court viewed disconnection of basic necessities very seriously. Nothing to worry.
The case is pending in court for sure.
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do
Dear client
You have landed yourself in a very tough situation and only way you can get out of the situation is file a criminal case against the builder for breach of trust and cheating.
For this you should have the original documents with you and in written statement of the plaint filed by the owner of the building make counter claims of giving possession as you have paid all your money and issue for permanent injunction to the owner to provide you all the facilities like water and electricity till the case is pending in court.
