Legal Question in Business Law in India

Hello ,Law Guru. my dad purchased agricluture land from my taya ji in the year 2004-05, but he filed a suit in the court in the year 2010 that he have'nt got the money. My taya ji(Uncle)with the help of other uncle and his sons are forcibiliy trying to take the possesion of the same land. i complained in the police and showed all the proof, registry, girdawari copies, and bank account statmentin which the amount was deposited (the purchased land was of my dada ji and we purchased the share of my taya ji, from taya ji). i am being threatened repeatedly. please guide me.and the taya ji from whom we purchased the land was issueless and is no more. but only his spouse, tayi ji is alive.please guide me.


Asked on 6/30/13, 12:43 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.06.2013

Dear Sir / Madam,

The Court ruling in your case is important to ascertain and confirm whether the balance amount due to your father from your uncle as per the Agreement has been received. As far as the threats are concerned, you should tell them politely that they will have to wait for the Court verdict.

Regards,

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Answered on 6/30/13, 4:58 am
Jayesh Desai Jayesh Desai

1. Take and injunction from the court, where suit is pending, that your possession should not be disturbed by the other side.

2. Show your lawyer case of Citations:1995-SCC-1-198 : 1995-JT-1-223 RAMTI DEVI Vs. UNION OF INDIA - where facts are substantially similar to your case, and Supreme Court has ruled that the suit is barred by law of limitation.

3. Based on above case file an application under Order 7 Rule 11 to dismiss the case.

This should solve your problem, I believe.

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Answered on 7/08/13, 3:38 am


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