By Regd. Post with Ack.

Due
C.PERUMAL ACN COMPLEX
Nagercoil – 1,
Advocates Kanyakumari District.

To

Sir,
Under instructions from and on behalf of my client xxxxxxxxxxxxxxxxxx, I
issue the following notice.
1. That my client is one of the leading building contractor at Nagercoil.
2. That on …… you entered into an agreement with my client for the
construction of a residential house and the same was duly constructed
and completed by my client and handed over to you on …..
1. THat a sum of rupees …………… of money is due from you under the
contract for the work done by my client
2. that you failed to settle the amount even after repeated demand from my
client
3. The averment in your above notice that your client was running a
exports, business Ice factory in the vacant land at Kattiyapattanam Village
are denied, exports business and factory cannot be run at Vacant Lands.

4. Our client is one of leading Advocate at Nagercoil.

5. The property as stated in your above complaint is in fact,

originally belongs to one S.R. Masda, Son of R.F. Masda, who by a
settlement deed of the year 2004, settled the above property infavour of his
son Mukesh Raj Masda.

6. It is interesting to note in the above settlement the settler has

specifically mentioned his derivative till to the above property. While
executing the above document, not only the settler Sri. S.R. Masda was
present physically, infact the sub-registrar has physically verified the Pan
Number Identy Card produced by the executants. In addition he has also
affixed his thumb impression. Further two person from the locality also
identified the executants. Hence the above document has all the essential
requirements as mandated under law.

7. The beneficiary M.R. Masda later on mutated the property in his

own name and obtained patta’s chitta as well as paid revenue tax receipts in
his own name.
 8. The same beneficiary later on, in the year 2005, transferred the
above property infavour of one Joseph Stephen by means of a sale deed,
here also, the said executants was physically present, he also produced the
Income Tax, Pan Card in original, before the Sub Registrar further two
persons from Nagercoil Identified the Executant before the Sub Registrar.
The above sale deed was prepared by one L.R. Murali Krishna, Advocate,
from Chennai. Hence this document also had all the incredients of a valid
document.

9. The said purchaser Sri. Joseph Stephen after his purchase has
obtained patta, chitta, possession certificate as well as paid revenue tax for
the above said property.

10. Our client, who as a prudent purchaser made all the basic
enquiries as was expected from any reasonable person, and after finding the
above documents being in order. Purchased the above property by means of
a sale deed. As already stated supra prior to the above purchase our client
has not only made local enquiry but also made all the verification expected
from a normal person.

11. Your client has suppressed the real fact, while he has alleged
he was running an export Ice factory, but gave no details, but at a later part
has alleged that the property is a vacant land with some dilapilated buildings
both averments are false, since the land is question was never a factory it
was only an agricultural land as the revenue records reveal the real nature of
the land.

12. The averments in your notice regarding the execution of

documents being false is denied, as already stated supra all the documents
are registered documents executed by actual and original owners who not
only possessed title but also documents to back their claim.

13. Our client has since the purchase in his favour is in possession
of the property, apart from effecting all the name transfer in the revenue
records, infact, some vested interest who tried to usurp the above land for
their personal gain, they with that aim in mind have since the past two years
petitioning the Government and in various courts, including Honourable High
Court, our client has resisted the above illegality by taking correct legal
course.
 14. Our client, suspects, that one such, person who having envy
has set up your client with false averment and has caused the above
complaint berefit of any details. Sadly your notice has not mentioned, how
and in what manner your client derived the title, further the basic details
regarding the survey number and the other mandatory requirements were
absent in your complaint.

15. Our client learns, yet another person claiming interest as power
agent of the legal heir of very same S.R. Mazda has preferred another police
complaint. In the said complaint he has claimed exclusive title upon himself
to the above property. Interestingly he has also attached some documents
which are per see forged one.

16. Our client strongly believes that in view of the recent spurt in the
real estate prices and the new euphoria in the land graping offences, your
client and others like him are indulging fishing in the muddled water.

17. As our client being a bonafide purchaser for value, and he is

having possession and enjoyment of the above land as absolute owner, he
is determind to safe guard his interest, inspite of this reply, if your client goes
a head with any litigation, he will be doing so at his own risk and our client as
a bonafide purchaser for value is determind to face any interference from
any one legally. Hence please advice your client not to venture in to any
speculative litigation.

18. Hence take notice that if you don’t settle the matter by paying the
cheque amount to my client within 15 days on receipt of this notice. My client will
be constraint to take appropriate legal action against you under Section 138 and
142 of Negotiable Instrument Act. You will be held responsible for all the costs
and consequence arising thereto.
19.

Advocate