I had purchased 2 flats at the cost of Rs 2,88,000/- in 1991, completion time was 18 months. I paid Rs 1,45,000/ by cheque but there was no progress till one year. Many times i request chairman of society. In 1995 i file a specific performance suit in SD court. During the trial i apply for the stay order not to sell the flats to others but court dismissed the application as defendant lia in court that he received only Rs 75,000/ and Rs 70,000/ was paid as hand loan and he returned to me. He did not submit any proof for refund of Rs 70,000/ and even court and my adv did not asked any proof also judge relied on him and considering payment of Rs 75,000/ paid only and he rejected my application for stay. As compare to Rs 75,000/ paid i was defaulter but as considering actual amount of Rs 1,45,000/ paid to defendant he is a defaulter because the work was done only 30%-40%. And time period was also lapsed.
Surprisingly the same court but other judge admitted a payment of Rs 1,45,00/ was paid and awarded a decree for amount Rs 1,45,000/ at the time of final judgment. I told the court if an attractive compensation paid I don’t want the flats as flats were sold to third party and so on.
Defendant sends me a recovery notice without any proof and he mentioned in notice that if payment is not made in 7 days he will terminate my membership and sell the flats to other buyer and he sold the flats without terminating my membership. I file a criminal suit against defendant u/s 420. Without terminating my membership and without information to me he sold the flats to other. As per criminal law one property was sold to two parties which is a criminal act. During criminal trial I and prosecutor proved documentary and witnesses that defendant committed a criminal act but judge acquitted him as in civil suit there was a stay application was rejected considering me as defaulter based on lie of defendant.
I appeal against acquittal in Session court also he is acquitted just stay order rejected in civil suit.
I like to request u that can u advice me, is civil suit litigation is applicable in criminal case for the acquittal of accused which is based on lie in the civil court. What action I can take against him so he could not acquitted in high court appeal. Is any other option with citation?
Why court ignoring that he did not provided any proof, or any witness for refund of hand loan, recovery notice for completed works without proof. He lie in the court, sold the flats without terminating my membership. The same civil suit court admitted that amount is paid Rs 1,45,00/- which proved that he is defaulter. Is the court relied on false deposition of defendant rather than the proof of complainant submitted in court documentary and physically?
G N Shaikh
Aurangabad (MS) 21/4/2016