demolishing boundary wall
I bought a piece of residential plot 2000 sqft @ Rs 5 lakhs in the outskirt of Rourkela way back in february 2009 from a lady aged 58 years. i was granted patta in the year 2011 and my name reflects in revenue records.Now the market rate of the plot rules around around Rs 15-20 lakhs due to steep revision of bench mark valuation by the Government of odisha in the year 2012.
Now let's come to the problem around 10 August this year i got winds that the same lady who sold me aforesaid piece of land , has filed a civil suit against me and the broker as well , to cancel the sale deed and awarding permanent injunction citing following reasons:-
a) She is a Pardanashin lady and not well versed with english language
b) Sale deed was drafted in english which she could not read or understand.
c) Taking advantage of her ignorance the broker has got her signature in a false impression that she is signing on a agreement paper not on a sale deed.
d) The buyers have bribed revenue officials and got RoR on their name.
d) She alleges that she has not been paid any amount as mentioned in the sale deed.
In the interim during month of October 2014 before i could get winds of the aforesaid case her goon son and husband sent some labourers to my piece of land and demolished my boundary wall.Further they blocked the 25 feet approach with mortars. Same was the fate of other individual land owners who bought their piece of land from her 5 to 7 years before and had RoR on their name.When we joined together and protested against the wrong doing the lady and her goon son faked that they have got permanent injunction/court order stating possession of our land is illegal.However they were unable to show any court order. This raised our suspicion and we approached the local police station.There the Policemen confirmed that no copy of permanent injunction / injunction for protection has been received in the account of my plot and my neighbours' plots as well. Hence it was proved beyond doubt that the lady is playing dirty tricks taking cover of "Pardanashin protection" .In fact we learned that she had filed 10 separate civil suites on all 10 land buyers.However none has received court notice till date.
Hence on 05 Novmeber 2014 we lodged total 10 FIRs against the lady and her family members for tresspassing, damaging private property and attempting to extort money by obstructing approach road . After police intervention and production of evidence, around 15 November 2014, her drunkard husband and rowdy son at last admitted of their wrong doing in front of Police and promised to rebuild the compound walls of all the victims by 10 Dec 14.
However now they are not keeping their words and threatening us with various means as following :-
a) Continuing the civil suit further in the pretext of fake Pardanashin case
b) Threatening to stop of our house construction work by sending goons or getting Sec 144 invoked.
c) Threatening to resell the vacant lands to some other parties and make the things murkier.
d) Demanding additional amount of rs 2 lakh from each of us to restrain herself from Sl(a) and (b) as stated above as her lawyer has well informed her that burden of proof lies on defendants in pardanshin case and many of us do not possess the original money receipt that she signed while she took cash.
What is the legal remedy? How can we protect our piece of land? We are total 10 individuals having same sufferings.
Actual facts ... (plus points) Her fraudulent suites have not been admitted in hon'ble court as of date (this i verified from the court, some are at office note stage). May be she has no proper document to show to the judge.Moreover i never received any court notice till date for appearance. The lady actually signs in oriya and english as well.She speaks in public. I have video evidence. Her son and husband always accompanied her at the time of sale deed execution at registrar office and in-fact signed as marginal witness during land registration, sale deed has clear recital of consideration amount of rs 5 lakh, however i lost the original money receipt duly signed by her and two marginal witnesses,she even signed all the documents for land mutation and passed on the title/patta on my name without any objection in the year 2011.However some individuals do not have money receipts as they have paid money in cash as a matter of trust and got the land registered on the same day way back in 2007. Now after 5 to 7 years the lady has turned greedy and playing all these tricks for extorting money)