Specific performance appeal
i have entered into a unregistered 100rs stamp paper sale deed of land from a party (x). while executing the sale deed the land was on the name of other person (y). while executing sale deed the x has shown me unregistered sale deed and registered power of attorney between him (x) and y. in meantime x refused to give me the land. I have filed specific performance suit in ADJ where x went exparty while y stated that the registered sale deed has been fraudulently signed by x (despite of being it registered document). hence court decided that since the agreement between me and x is unregistered and y has stated that power of attorney is fraud, there is no question of willingness or other merits and hence specific performance cannot be granted. but court has ordered to recover money from x with interest. Now my queries are:-
1. How can i recover money from X as he has denied to refund money. Is there any civil or criminal provision for same.
2. If i want to appeal decision in HC, will i have to deposit court fees again? as i have paid around 1lac court fees in ADJ.
3. Since Y has denied registered power of attorney, can i file a criminal case against x and y as based upon the registerd power of attorney i have entered into agreement and y has not initiated any action against x for such fraud, hence it is possible both of them are mutually involved.
Asked 2 years ago in Civil Law from Jaipur, Rajasthan