Legal Question in Civil Litigation in India

Hi sir/madam,

Around two years back (on 9/7/2009) I have purchased a house from Y. Rajababu an employee of Government General hospital, Kakinada, AP by taking home loan from ICICI bank. The house is registered on my name and original documents are with ICICI bank.

Recently State Bank of Hyderabad (SHB) Kakinada, AP (recovery branch) is claiming that the previous owner of the house (Y. Rajababu) had take a personal loan of 2,00,000/- around 5 year back and he should pay 4,50,000/- including interest. As he is not repaying the personal loan from last 4 years, SBH is trying to auction my house thinking that its his property. I was dumbstruck on hearing the news.

We came to know that he had submitted Xerox copies of property documents while taking personal loan. SBH is claiming that they have attached the property two weeks before the purchase. We have no idea whether its true or not.

I didn't get any prior notice from the court. Y. Rajababu had given bribe and somehow managed to hide court notices from us. He is a govt. Employee that too earning more than Rs.25000/- per month. He has several other properties as well. Ideally SBH should recover personal loan from his salary. I am not sure why SBH is behind my property.

I explained everything to SBH people directly but they are insistent to hear anything from me.

They are saying that they had attached the property before I had purchased the house and they are not sharing any information with us. I am not sure how anyone can do that with xerox copies of house documents.

I seek help from ICICI bank, kakinada, AP. They told that they didn't get any such information/Notice from SBH and they can't help in this matter.

Finally we payed rs.1500/- In kakinada court and managed to stop the auction. It happened 6 times from the last 4 months. Still no progress and my family completely lost the peace of mind. Lawyer are saying the court would conduct auction next time for sure.

When we went to ask him the justice he tried to put SC ST atrocity case against my brother.

He even threatened to kill my brother. Local SC&ST leaders are supporting him. I am completely helpless.

Everybody knows that he is an absolute cheater and no body is daring to help me because he is SC. Please help me to get rid of this pathetic situation.

His details are provided below,

name : yalamanchili rajababu

designation : radiographer

emp code : 0301400

organization : government general hospital, kakinada, ap

Thanks & Regards,

Sudhakar KV.


Asked on 6/22/11, 4:07 am

2 Answers from Attorneys
shiv shakner saini saini law

lodge a FIR against him

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Answered on 6/22/11, 5:20 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

You can sue that very person who's taking undue influence of SC/ST previlages of his due deeds before the court of law. And if the original documents belongings to the said property with the ICICI Bank officials, then there will be no mortagage has taken place at prior instance, okay ? so, Encumbrance if free from the mortagage, okay ?

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Answered on 6/27/11, 9:20 am


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