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Cheque bounce case pending and civil suit for declaration of title


05-Apr-2023 (In Cheque Bounce Law)
I purchased a land for Rs.10 lakh from one Mr. x in the year 2011 and got muted or recorded in the revenue record in my name. the price of land was including cost of development to such land. Seller did not make any improvement. Sale consideration in the sale deed is 5 lakh. In the year 2015 when i started construction on the land. A person claimed that he has purchased the same land from a Bank in auction sale under SARFAIS Act, as the same seller had made equitable mortgage with the same bank. Than on my call the seller made an agreement admitting the mortgage, fraud to me, issued cheque Rs.10 lakh and promised to return the amount. But cheque bounced complaint case under NI Act filed the same is pending and now the accused is not appearing in the court. In the mean time I found that there great irregularities in selling the land by the Bank. The procedure of auction notice publication in the news paper not made by Bank. Should I file case void the sale of Bank and retain the land.
Answers (1)

Answer #1
685 votes
Date of mortgage with the bank not provided. It seems the seller has mortgaged the property to bank prior selling the property to you. If the property was mortgaged to bank, the same must ave been reflected in EC which is provided by registry office on demand by buyer. However, it would have been wise on your part, in case you have ensured a search operation from local banks about status of the land. A criminal suit can be filed for the act of fraud. As such cheque bounce case will give you relief but it will take it's own time. There are ways to sue notice to the seller on fraud case

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