I am a plaintiff, entered into a sale agreement with defendent. I paid an amounts of Rs.10,000/- cash and 2 cheques for Rs.1,30,000/- and Rs.2,70,000/- to defendent. But defendent's husband came to me and asked for cash of Rs.2,70,000/- by returning the cheque attested his signature. after some time defendent denied that she didn't got the amount of Rs.2,70,000/- so she will not execute the sale deed. i filed a suit in 2009. This month i got the judgment in plaintiff favour to get the amount of Rs.4,00,000/- along with the 12% p.a. interest and costs.
My query is now i don't know the where the defendent is residing, also the property is still there or she sold to someone else. What is my next step to recover my money?.
Asked in Property Law from Hyderabad, Telangana
1) you have to take execution proceedings to recover Rs 4 lakhs with interest
2) you can seek attachment of defendant bank accounts and other property to recover your dues
3) you can visit the property premises and make enquirers as to who is the owner of the property
4) take search in sub registrar office for last 30 years as to whether their have been any recent transactions in respect of the said property
If you have the judgement and decree in your favour, file an execution petition against the Judgement Debtor/Defendant, seeking the execution of the judgement against them and for the recovery of the amount together with interest @ 12% p.a.
If you do not know the whereabouts of the defendant, getting the money back might be a big challenge. First try and locate the where abouts of the defendant and also if the immovable property is sold or not. Go to the sub-registrar's office and obtain an Encumbrance certificate pertaining to the property, it will throw up the details of recent transactions about the property.
If the property has been sold, the address of the defendant would also be available there. Or go to the last known area where the defendant resided and contact the nearest post office, and get information from the post man there about the forwarding address of the defendant.
Do not waste time.
Hi, first you have to find out the correct address of the defendant where she is residing and thereafter you can file a Execution petition in which you can execute the decree of the court by way of attachment and sale of their property and you will get your money.
You can file an Execution petition against him and also try to attach the same property in the EP if he is not obliging or complying with the court order.
1. You ought to have paid the cash only against receipt or acknowledgment.
2. To enforce the favourable judgment, which you have obtained from the court, you ought to furnish the current address of the defendant. The last known address of the defendant can also be used to trace him. The court can order police to trace out the defendant if you furnish his last known residential or office address.