Legal Question in Civil Litigation in India

We purchased an agricultural farm house extent 2.41 acres in the year 2000.While in our purchase, Vendor stated in the Sale deed to clear the bank liability selling the property and promised us soon as he will receive the parent document from the bank he will hand over the same to us. At the time of sale in the year 2000 vendors handed over possession to us. Now also possession is with us only.

On our repeated demand to hand over the parent documents of property he was giving us awesue replies and in the year 2008 the PNB bank authorized officer, borrower and the new purchaser entered into a triparte agreement without our knowledge. Were as the bank impleaded us as D5 & D6 in the year 2004 itself as purchaser of property in their DRT.suit. But no any notice served to us. We came to know only in the year 2008 on the inspection of DRT records. No redemption chance has been given to us as the purchaser and as per banks records we are in the possession of the property.

The Sale certificate issued on 9.06.2008 by fraud and collusion, property sold under Sarfasei act without following any norms and principles of the Sarfasei act. We filed an appeal in the DRT to set aside the sale made by the authorized bank officer in the year 2008. In the year 2009 this appeal dismissed stating that we are not having any locus standi to challenge the sale.

On this order we filed an appeal in the DRAT Chennai. Which is pending. Meanwhile the new purchaser filed a suit after 8 years to declare our sale deeds are null and void and handover vacant possession of the property in the coimbatore fast track court which is under trial ( the suit is not filed by the vendors at any time till 2008 from the year of 2000) and we filed a W.P in the Chennai High Court to declare the sale certificate issued by fraud and collusion as null and void. In the year 2009 and got a stay not to take possession of the property from us. The W.P is under trial and pending for disposal. We thought all this will be over within 3 years. But still all will take time for the final Judgement.

We consulted lawyers in local. Some of them advised us to file a fraud and collusion suit before the limitation period in the district court. Since the huge stamp duty we have to pay, some of the lawyers advised these trials will give you the answer. So not necessary to file civil suit for fraud and collusion.

So we are totally confused and by 9th June 2011 the limitation will end. Kindly advise us what should we do.

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