Legal Question in Criminal Law in India

My elder brother filed a suit in 1991 for partition of joint family properties against myself and my father asking for his 1/3 share in properties.In 1992 my father died.In 2003 the trial court passed a preliminary decree .By virtue of which I have become the co-owner of properties having 2/3 share (1/3 of me and 1/3 of my father,which was fell to my share by virtue of a will executed by my late father in my favor and held by the trial court).

Aggrieved by this he appealed in High Court. The High court held the trial court\'s verdict.The appeal was dismissed.The matter is in the trial court and an advocate commissioner was appointed.The warrant has been served to the adv commissioner. During this on 3rd of this month my brother tried to sell one of the properties.Because of my timely representation the sub registrar did a pending registration. Within 3 days I approached the trial court and got an ad interim injunction against my elder brother to not to alienate any suit schedule properties. A copy of the same was served by me to the sub registrar. He assured me that he will not release the sale deed as now he has been bound up by the court order.I think The panel advocates of your service are well aware of the proceedings as I posted the same to you a couple of weeks ago.

During this process I came to know that a registration was done for lease by my brother in favor of the same party in June 2014 for the very same property. I got the certified copy of the same.Going through the contents I found that:

My brother leased 2/3 portion of the same property. (Imp to note that he tried to sale 1/3 share of the property on 3rd sept 2014 which was stopped by my timely action) for 30 years for a meager rs. 1500/- per month. He permitted the lessee to erect structure (as the property is an open plot.). He also permitted him to sub-let the property if the tenant desires so. His sole intention is to deprive me of my legitimate 2/3 share in the property. In-spite of the lease deed executed in June 2014 still the so called lessee is not in possession of any part of the property. Still the plot is open without any boundary walls. Now my questions are:

1. As a registered lease Deed was executed by my brother, whether the third party has a legal footing as a tenant in the property.

2. As the matter is in the court what steps I have to take.

3. Enough is enough. Now I want to take the matter to criminal court.

4. Can I initiate criminal proceedings , if so How and when.

5. Can I make both the parties as parties in criminal proceedings. Kindly guide me.


Asked on 9/21/14, 6:23 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Your one option is to file for Contempt under Order 39 Rule 2A CPC read with section 11 and 12 of Contempt of Court Act against the Registrar, your brother and the lessee.

Other option is file a complaint under section 340 Criminal Court for perjury against the same civil court where the case is pending and which granted the injunction. third is to file a criminal complaint - your brother created third part right in respect of your share over which he had no right or interest or title referring to preliminary decree

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Answered on 9/21/14, 6:49 am


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