Legal Question in Credit and Debt Law in India
my friend gave 5 lacs at 2 ruppese interest to a govt employe in oct 2007 from that day he did not made asingle payment. for safety purpose we kept his land documents.now he is not residing at his home his address is also unknown however we suited a case againest him and attached the land documents claiming an amount of 8,30,000.the land value is only 5 lacs. he came to know about this and trying to sell that land and he is not receiving the 2 legal notice sent by court.
my question is
1)does he able to sell the land ? we want that land, what we have to do?
2)he is going to retire in july 31,2010 can we stop the retirement benifits ?
3)if we won the case what amount of interest he has to pay either 1Rs or 2Rs ?
4)in case if he fails to pay the money does he get imprisionment ?
please sir kindly reply
1 Answer from Attorneys
1) You may seen an injunction order from the court restraining him from selling the land;
2) No.
3) That may be decided by the court.
4) No, unless you can establish that he "deliberately" avoided execution of court decree.