• 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

You can file recovery suit on the basis of court's order.

If the refund is mentioned in judgement then file suit for execution of decree.

As the land is sold fraudulently there's no use of appeal. If you still go for appeal you have to deposit money again.

You can file criminal suit against x and y.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Your query reveals:

1. You entered into agreement with some ‘X’ to purchase land and paid certain consideration.

2. Then sale was not executed.

3. You filed suit for specific performance which is dismissed stating reasons.

In my considered opinion now at this juncture it is admitted fact that you have been cheated by personification and by using valuable forged documents.

Yes you have to deposit court fee.

So rather then wasting court fee in challenge the order before Hon’ble high court you must file an criminal case by way of FIR, criminal complaint against Mr X.

Arihant Nahar
Advocate, Indore
117 Answers

4.7 on 5.0

You have to take out execution proceedings for attachment of X property or bank accounts to recover your money with interest

2) if you appeal you don’t have to pay court fees again

3) file case of cheating , criminal breach of trust against X ,Y

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

1. File a criminal case of cheating u/s 420 IPC and a summary civil suit to recover money .

2. No, no separate court fees is required to be deposited. Only nominal amount of court fees for preferring an appeal is required.

3. Yes, you can file. If POA is proved to be forged then in the appeal there is no chance of success.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

1.Yes 2.No 3. Yes. It is advised that to get examine POA by a expert who are available better registered.I fail to understand whether court has given verdict after getting examination of POA or not.

Koshal Kumar Vatsa
Advocate, Gurgaon
1874 Answers
1 Consultation

5.0 on 5.0

1. You can file a case of cheating and criminal breach of trust against X at same time a recovery suit for the amount you paid to X.

2. No you don't have to pay court fee in appeal.

3. Yes the criminal complaint can be filed and the FIR can be loged against both for.colluding and doing fraud and cheating with you.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

1. The document that you are referring to as 'sale deed' is actually 'agreement to sell'.

2. The finding of the ADJ is prima facie wrong as an agreement to sell does not require mandatory registration.

3. If the trial court has held the defendants liable to refund the money then you ought to file execution petition against him.

4. In appeal you will again have to pay the court fee only on the relief claimed by you as an appeal is a continuation of the suit.

5. Mere denial of POA does not give rise to a criminal liability, albeit nothing can be said without perusal of the all the documents.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

1. If the court has passed judgment for recovery of money from x then you may file an execution petition before the same court for executing the decree for recovery of money.

2. Yes you may have to pay the same court fee before the appellate court, but in my opinion, it would be a waste exercise since the law is very clear by which the judgment is based.

3. You cannot do it at this point of time. Moreover Y is not the party with whom you had dealing nor Y has cheated you.

Any action that you may initiate would be against x alone

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Hi,

You may initiate recovery suit or execution suit depending on the order to ADJ court. You may also file criminal case against X for committing fraud.

Ganesh Singh
Advocate, NEW DELHI
4398 Answers
9 Consultations

4.5 on 5.0

Dear Client,

File criminal case u/s 420, 406 IPC for cheating and criminal breach of trust. And Y has executed register POA in favor of Y than how come court reach to this conclusion that POA is forged until not proved. This is big question and point of appeal.

Yes court fees payable in appeal.

File FIR agasint both, who was your advocate.

.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

You can recover amount from X as per decree you already have.

To file an appeal, Same court fee required.

You can file criminal case against X and if it is proved that Y was having knowledge of the agreement, Y also liable to punish.

It is out of wits that how a registered deed not deemed proved? entire documents and deposition required to advice further.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1. Y has to prove that the registered power of attorney was not granted by him to X

2. for this evidence of Y is to be recorded and you must have cross examined him

3. despite the evidence and agreement between you and X, if court did not grant specific performance then you will have to file first appeal in high court and pay applicable court fees

4. for the money which you paid X who is ordered to refund the same to you with interest, you will have to file an execution application in the lower court

Yusuf Rampurawala
Advocate, Mumbai
5105 Answers
31 Consultations

5.0 on 5.0

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