class="p.tit"
this text will come in the center
class="p.tit"

https://en.wikipedia.org/wiki/Bronston_v._United_States#Background_of_the_case


I have filed a case or Adverse Posession THE COURT OF the 39th ADDL City Civil and Sessions Judge AT BANGALORE

OS No 8997 /2019

next date 15th OCT 2022 court hall 809 Basement floor

I HAVE MADE A COMPLAINT IN THE COURT OF VIII th ADDL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE

PCR No 1476 /2020

next date 10th OCT 2022 court hall 69 2nd floor

Click here to see the complaint

I have given my sworn statement

Click here to see the swoorn statement of the complaint

Section 406 of the Indian Penal Code (IPC), 1860 stipulates the penalties for criminal breach of trust. Section 406 states as follows; that any person who commits criminal breach of trust shall be punished with an imprisonment of a term extendable upto 3 (three) years or fine or both accordingly.
417. Punishment for cheating imprisonment one year
426. Punishment for mischief imprisonment three months

IN THE COURT OF VIII th ADDL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE


Anil Bajaj                         COMPLAINANT
V/s
1. Mira Murlidhar Bajaj 86 years
2. Sunil Murlidhar Bajaj 65 years
3. Sujata Sunil Bajaj 59 years
4. Bansi sobhraj Bajaj 71 years
5. Naresh Bansi Bajaj 44 years
6. Meena Bansi Bajaj 66 years
7. Deepak Murlidhar Bajaj 62 years
8. Kishen Bajaj 72 years
9. Rajaj Bajaj 63 years
all residing at 24, Usha Villa
Linking road Santacruz W
Mumbai 400054
10. S. Basavaraj, an Advocate
Office at Unit No 1,
2nd Floor, No 11,
Jeevan Buildings ( New Block ),
Kumara Park East, Bangalore 560001                         ACCUSED No 1 to 10
I, Anil Bajaj. S/o Late Purshotam Bajaj, Advocate aged about 65 years Residing at No 9, 1st cross, Lavelle road, Bangalore – 560001

SWORN STATEMENT 10th Oct 2022

DATEEVENT
1947When I filed a case in the High Court to gift the suit property to my children. Sujata defamed us: my dad and I and said that we have done no work to deserve the entire suit property. The fact is In 1947 Indians including us sindhis were thrown out of pakistan. My grandparents and his family fled, leaving everything behind and were too old to start any work in India. My father, the only educated person, was the only earning member, working with the Lucknow Police as a Radio Officer and later with Shipping corporation of India. He maintained his extended family of 13: 2 parents and 11 brothers and sisters.
1960My Father came to mumbai and started Bajaj Electrical as the sole properitor Bajaj Electrical licence dated 26-11-1960 Ex.C-2. My father purchased a flat in kailash kutir in his own name Electric Bill Ex.C-3. and then invited his extended family to stay there
1965My father purchased an office in Neel kiran in the name of his 5 brothers on the directions of his mother
around 1970Kishen Bajaj left for Manipal and after completing his Engineering he left for USA to do his masters. all his travel fees accomodation and food were borne by the business started by my father. His contribution to the family was Nil As he was one of the 5 brothers my father's mother instructed my father to buy the property usha villa in his name too hence he insisted that he should 1 floor too after paying his his share of the construction cost. He did not ask any thing in the shops later in 2005 when the matter went to court he insisted that he should get 20% in the shops too there by delaying the settlement as he was all the time in USA finally he gave 5% of his to bansi to arrive at the family settlement
1972 Late Mr Murli bajaj the husband of the defendant also used to come in connection with the electrical works started by my father
1976In 1976 I came to Bangalore. I got married in 1980 and have three children and we are peacefully living in the No.9, 1st Cross, Lavelle Road, Bengaluru.
1976I was the authorised signatory to all the bank accounts. My College mark sheet degree certificate certificate from neighbour voter ID dt 5.2.1996, daughter's divya's and sakshi's birth cirtificates, aadhar card covering letter dt 28-11-2020 as evidence of my stay. Ex.C-4 A-F and the GPA and certificates of the work done my me as Asian Electricals are enclosed as Ex.C5 A-J
1980Till this date my father was respected and I got married even thought the accused's own son Sunil was elder to me.
1980Rajan got addmission in Ramiya college and the Acused no 1 Meera Muralidhar Bajaj his mother used to come on and off to take care of Rajan
1980 Accused No.1 Meera Muralidhar Bajaj is the Co-owner of the Building in which I am living. Her son left for US in the year 1982 after completing Engineering. Thereafter accused No.1 did not come to Bengaluru.
1981My brother Vivek Bajaj left for US he was made to work for Kishen Bajaj as his wife refused to do any work in his house and shop to pay for his fees, food and accomodation hence could not complete his studies.
1983Rajan Bajaj completed his Engineering and left bangalore. Thereafter accused No.1 never came to Bengaluru to stay in the suit property.
1985I went to USA for a brief period of 15 days. My Brother Vivek Bajaj was made to work so hard from 5 AM till 12 PM and he was not given leave to show me around by kishen bajaj our uncle and owner of the shop where vivek was working
1986The accused no 1 meera's son Rajan Bajaj left for US. The accused no 1 also went to the USA so that her son could study Thereafter accused No.1 never came to Bengaluru to stay in the suit property.
1988Rajan got married and as Kishen Bajaj's place was small hence Rajan purchased a house in the USA From 1985 till 1990 the accused made her husband steal and send money from my fathers business to send it to their son Rajan Bajaj for tution fees food and accomodation. how else can a student buy propety in the USA
1989My brother Vivek Bajaj got married and his wife left for usa. She was also make to work like my brother but since she did not know any cooking a lot of fights started there and they had to leave their house my parents had to go to to USA as my brothers wife had left him and gone to her relations in spain. My father has a heart attack and had a bypass hence i was in touch with him over phone and came to know about the illegal Money laundering by the Accused no 8 kishen bajaj and rajan bajaj accused no 9
1990 when this was exposed my me in Vijaywada project he stopped coming to the Suit property There after i am in exclusive and adverse possession of the suit property her got only one floor. The accused no 4 too the power to construct the building using the funds from selling other propertied and a factory in gujarat. He too cheated siphoned the funds and bought a property in loanval in his exclusive name
1993An agreement was made between the 5 brothers including my father in which i was a signing witness where in the accused no 1 cheated and took 2 floors all other brothers got only 1 floor each
1994The accused no 6 Meena a house wife of accused no 4 just married and accused no 7 deepak an student just completed 18 years son of accused no 1 cheated by taking 25% each of my father's share in Bajaj Electricals and later when fights intensified they wanted more and wanted to give my father only 3% when i objected they closed the firm with out completing prestigious projects like new mumbai railway station like Sea Woods
1994Mittal tower on MG Road bangalore was started by accused no 4. I told him i dont want anything to do with it but he assuered me that it would be done by Sunita Bajaj there also he cheated and siphoned 65 lakhs
2003After the death of my father my brother filed a case in the city civil court for kailash kutri on loosing the case
2005My brother filed a case in the High Court against me and the other accused for the properties of my father which they were not allowing us to rent
2010High Court order that i could rent my property and they also gave me the key to the office in Neel kiran purchased by my father in 1965 till then the were not allowing me in neel kiran
2010Accused no 5 naresh cheated and told my wife that the propery neel kiran is worth 75 lakhs and made us give the entire kailash kutri worth 3 crores to my brother as he was not signing the consent terms where the naresh and his father Bansi were getting 49% of the shops where all got only 20% Further in Neel kiran bansi had cheated and put his own name on the entire property and was not paying the commertial water bill and hence the society was not giving me NOC to apply to BMC to make a seperate enterance and rent my portion
2019Accused no 1 and accused no 4 sent a letter to partition the suit propery
2022I lost an IA in the injunction suit and the accused no 2 sunl bajaj and accused no 5 came to the suit property and put a boar
Nov 14 2020maried


I, Sunita Bajaj age 64 years wife of Anil Bajaj profession house wife and residing at No 9, 1st cross, lavelle Road, Bangalore 560001 i (hereinafter called the suit property) do 1981 We got married in 1981. When I got married my father was told that we were a joint family. Until 1990 this was true. Mira Murlidhar Bajaj now 86 years old and my husband are the co-owner of the suit property. We have three children and we are living peacefully in the suit property since I got married till date. My husband was the authorized signatory to all the bank accounts of the Joint family Business Asian Electricals wherever he worked in Bangalore, Hyderabad, Guntur etc. I used to do all the bank work for him. My husband never went to the bank for time wasting activity like taking out cash for labour payments and purchasing Demand Drafts for suppliers Bank Guarantees for payment of security Deposits to Clients, at that the cheque bounce case were not popular and vendors used to insist only on cash or Demand Drafts Murlidhar bajaj. Upto 1990 Late Mr Murlidhar bajaj husband of Mira used to come to bangalore and reside in the suit property whenever he came from mumbai to bangalore in connection with the electrical works. 1981 Rajan Bajaj In 1981 when i got married Rajan Bajaj now 63 years was staying at the suit property he had come from mumbai to study engineering. During that time even though I was newly married my husband used to make me get up in the middle of the night at 2 Am to make hot food for Rajan as he had to study. Ungrateful that Rajan was then as he is now, he would fling the chapattis if they were not in perfect round shape. During this time my in laws where not allowed to come and help me a newly married bride settle in bangalore and Rajan’s mother Mira used to come to bangalore to reside in the suit property to take care of him. After completing his engineering Rajan Bajaj left Bangalore there after Mira Bajaj never came to the suit property nor keep in touch with us. SUJATA Sunil Murlidhar Bajaj 65 years son of Mira Bajaj married Sujata Sunil Bajaj who is 59 years Sujata is the daughter of my father’s sister and we have common relations. Mira Bajaj was and is not giving NOC to get my husband’s name entered in the Khatha so that we my children and I can get a gift of his property while he is alive and not fight over his will after his death. He has already gifted the main mumbai propety to our son Although the fights were going on since 1990 My father in law refused to do a case against his brothers hence Vivek could only file the case in 2003 after his death. My husband filed a case in the High Court of Karnataka as mira was not giving him NOC to enter his name which was inadvertently left out in the Khatha, it was there in the original registered sale deed. Sujatha defamed us by saying that my husband and his father have not done any work in their whole life to deserve the entire suit property. The fact is that in 1947 we sindhis escaped death at the hands of people of Pakistan and came to india as refugees with nothing. My grandparents were too old to do anything but my father in law, the only educated person in the family at that time, worked with Lucknow police and later with Shipping corporation of India and took care of his extended family, his wife's parents and 11 brothers and sisters. After the marriage of his sister in the raheja family he took 6th month paid balance leave started Bajaj Electricals and completed 2 projects for Raheja builders Shanti sagar and Kailash kutir where he bought a 2 BHK flat in his own name and then called the defendant and his brothers to mumbai from kanpur where they were staying as refugees from pakistan with their mothers’s sister After completing Neel Kiran in 1965 he bought an office there in the name of all his 5 brothers at the directions of his mother even though they were minors at that time shri 14 years old, bansi Bajaj 16 years old kishen Bajaj after 20 years of graduation left for manipal to do his engineering and from there to USA Murli thou older had just joined from kanpur where he used to lose money in share market. Some of the certificates of the work done by us are attached and may be marked as Exhibits “A'' We worked we were a joint family without any greed for money so much so when I got a cheque from Murli Bajaj on my husband’s diretions I did not spend it but preserved it as a memento and the same is attached and may be marked as Exhibit “B” All these facts are confirmed by Vivek in his affidavit in plaint in S 1970 of 2005 which he filed in the High court of Bombay which is attached as Exhibit “C” We were doing prestigious projects in Bangalore, Hyderabad and Guntur. At times my husband used to be away for 25 days in a month. He even used to go to Mumbai to help them in erect the rising main at priyadarshini building RCF chembur Mumbai and for locating cable faults in Panvel Mumbai. And to hyderabad to erect a 85 lakh vacuum circuit breaker, apply and purchase the tender, fill tenders, meet with the clients even in calcutta to collect the order, and place an order on suppliers like kirloskar’s Bangalore, inspect the breaker and transformers with clients. He also went to chennai stayed with my sister and completed the project and put 5 lakhs in Murli’s account. 1980. CLOSING BAJAJ ELECTRICALS Deepak Meena The defendant no 6 Meena a house wife of defendant no 4 just married and defendant no 7 deepak an student just completed 18 years son of defendant no 1 cheated by taking 25% each of my father's share in Bajaj Electricals reducing my father’s share from 100% to 25% we allowed this as we were a joint family and we were told it will reduce income tax by added 3 more assessee Bajaj Electricals was converted to a partnership adding late Shridhar bajaj to my Father in laws sole proprietorship firm Bajaj Electricals. cont at 1990 KISHEN Kishen Bajaj 72 years brother of my father in law Parshotam bajaj when to manipal for 5 years to do his engineering there after he went to the USA and settled there permanently after he got married his wife joined him but as she did not want to do any household work VIVEK In 1981 Kishen called my husband’s brother Vivek Bajaj to the USA as a domestic servant and made him do cooking, sweeping, swabbing and washing clothes and wessels. In lieu of his fees stay and food although we were a joint family all this was paid to kishen when he was a student. In 1985 I went to the USA with my husband for a brief period of 15 days. During that time Vivek Bajaj was not allowed to meet us and to show us around the USA he was made to work for his stay food and fees so hard from 5 AM by Kishen bajaj. Vivek could not concentrate and complete his studies. Though i was on a holiday to the USA i was made to work in the kitchen of kishen and jyoti. 1986 RAJAN Rajan left for the USA in 1986 his mother Mira Bajaj and her husband Late Murli Bajaj used to go to the USA very often to help their son study. The defendant also went to the USA so that her son could study. So that rajan should not work like vivek and concentrate on his studies all the money for his fees, accommodation and food, frequent air travel from india to USA for mira and her husband, their food and other expenses was going from the business done by my husband. In 1988 after completing his studies Rajaj married Rachana and she too went to USA to stay with him. Rajan and Vivek purchased a house in the USA. The money for the house also went from the business done by my husband in vijayawada and from the Bajaj electricals business started by my father in law in mumbai. Mr Krishen Bajaj who was the key person to facilitate late Murli bajaj the husband of the defendant to send funds to Rajan Bajaj the proof of the same is that a student cannot afford to buy property in the USA. This violation in FERA and siphoning money and cheating by Mira and Murlidhar bajaj. 1989 In 1989 vivek got married and his wife also left for the USA along with him. Kishen's wife Mrs Jyoti Kishen Mira and her husband murlidhar Sunil and sujata rajan and rachna deepak and sandhya all ganged up against vivek's wife and want her to work like vivek was doing but since she did not know any cooking she refused and there were a lot of fights. My in-laws who were not allowed to come to Bangalore to take care of me when I got married were also not allowed to go to the USA to take care of Vivek's wife. On the contrary, Mira was allowed to come to Bangalore and to go to the USA. This nature of mira and her family caused a lot of fights in the USA finally after the fights vivek’s wife left him and left the USA and went to spain. Therefore my in-laws left for the USA. They managed to get Vivek's wife to settle down with him in the USA but Vivek, his wife, and my in-laws had to leave the house they bought along with Rajan. Rajan and mira cheated and paid him only the EMI and the down payment Vivek had paid out of his job. Rajan did pay the amount he got from the family business in India and the more important thing is that Vivek Name was the main brower of the loan and Rajan had to take out my brother’s name so that Vivek could get another loan. Rajan refused to take out Vivek's name and put kishen's name, making Vivek lose the down payment on his new house where he was planning to move. Due to all this my father had a heart attack and had two bypass surgeries hence we were in touch with him over the phone. The fights in the USA led to simultaneous fights in India. Bansi Bajaj starting objecting to the fact that Mira and murildhar bajaj were taking so much of joint family money from India for Rajan’s studies and for buying Rajan a house in the USA. We used to purchase materials on credit, give the supplier post dated cheques and pay them as soon as we got the funds from the clients. But In Vijayawada Mira and Murlidhar bajaj cheated, did not give my husband signature to the bank account and he used to steal money from that account to the USA. Kishen had come for a holiday to India and we confronted Mira and murlidhar bajaj with the faxes from Vivek showing them proof of the money cheated by them. Jyoti Bajaj Mrs Jyoti wife of Kishen bajaj will confirm what happened in the USA how funds were sent to rajan How Mira defamed us and why we were not invited to their children's wedding when she came all the way to personally invite everyone else in Usha Villa was and why vivek and Vivek’s wife was like him made to work by the 5 ladies who had ganged up against her, the accused mira , her sister in law and 3 daughter in laws. 1990 In 1990 after the fights in the USA my husband was thrown out of the Asian electrical Mira and murlidhar bajaj stopping to come to bangalore and stopped taking works in bangalore and refusing to let us did not do the work my husband had taken of ITI project in electronic city thereby losing EMD. DEEPAK AND MEENA 1990 Deepak Bajaj and Meena Bajaj closed Bajaj Electricals. My father-in-law was the sole proprietor of the firm, And later when fights started in USA over funds being sent from india they further attempted to reduce my father in laws share in bajaj Electricals to only 3% and later closed it all together, stopping all the existing works and not taking new works and not allowing my husband to complete the prestigious work of a new Mumbai railway station like Sea Woods. They did not allow my husband to use his fathers office at Neel Kiran and started their own Asian Electricals and Bansi Electricals. Bansi has now occupied my father-in-laws cabin and is not letting us use it and the entire office till the Hon’ble high court gave the keys in 2010 there after they have done a contempt of the orders by not allowing separation of bath room and a separate entrance and changing the locks every time and sending back my mail and after admitting the emails sent by me to them as evidence along with the written statement of the defendant gave me a chance to use the other emails which they have hidden and resolve all the issues between parties ie payment of royalty to me to the tune of 50 crores for the business of Bajaj Electricals. As regards to Asian Electricals Murli gave an affidavit in the high court saying that my husband is an apprentice and Asian Electricals is his sole proprietorship firm. Bansi also cheated and said that Bansi Electricals was his company. This is the start point of adverse possession as Mira and murlidhar bajaj and her extended family stopped coming to bangalore from 1990 the date of start of our adverse possession and ouster of Mira bajaj. The 2 co-owners Mira bajaj and us should have stayed together in the suit property but could not do so as Mira bajaj fled away from the suit property due to the above cheating by Mira bajaj. This evidence will either result in mira bajaj and our extended family perjuring themselves and landing up in jail for upto 7 years or confirming the fact that we are in adverse possession of the suit property from 1990 the time the cheating by Mira Bajaj was exposed by my husband that the funds were sent to USA to Rajan Bajaj to buy a house in USA. Even though the extended family brothers and sister of my father in law are equally related to us but due to illegal defamation we were outcast at bangalore by the extended family at mumbai. Kishen and mira Bajaj who were involved in FERA and became our enemy. Why else would kishen refuse to invite us to his children's marriage even after we requested to be invited especially when kishen came to india to invite all others family members. BANSI The defendant and all others defamed and out cast us. The defendant Mira and Bansi did not bother to attend my children's marriages. Bansi did not invite my husband for his children's marriages. My husband requested Sunil after he had invited me and the children, to invite my husband too to his daughter's marriage in Hyderabad telling him we are family and have the same blood and DNA. 1993 Bansi sobhraj Bajaj 71 years took the GPA to construct the building Usha Villa at Mumbai. In 1996 Mira Bajaj occupied the 2nd floor Shridhar bajaj occupied the floor 3 and Bansi Bajaj occupied the 5th floor 5 after getting the Occupation Certificate. He wanted 50% of the shops hence he did not complete the shops and let us rent them till the court receiver took the key from him after the orders of the court. The order of the High court appointing the Receiver is attached as Exhibit “E” Bansi did not complete waterproofing of the basement. Bansi cheated BMC and converted the basement into shops in 1994. On the top floors also bansi cheated and to save municipal taxes put a temporary wooden partition to separate the servants room from the main flat to save tax for extra big area flats. The entire building had one tax bill. We kept begging all to separate the taxes. As we made 2 separate flats BMC sent notices to auction the entire property. Bansi purchased the loanwala project by misappropriating building construction funds. He has never given the accounts of construction money he got from selling the joint family property listed in the 1993 agreement signed by all the brothers including my father-in-law. Bansi also misappropriated the funds he received in Surya Corporation from the mittal tower. The proof of this is that the amount he invested in Lonavala was too huge and beyond bansi’s means of earning. He was the youngest family member. We got 0 amount from the profits of the Electrical business or any salary as wrongly written in the affidavit we were virtually living on only food that we were eating and we were reinvesting everything back in to the business With all these monies including sale of properties for construction of usha villa he purchased a huge site in lonavala in his own name. This intensified the fights between Murli bajaj and bansi Bajaj. From where did bansi get the money to buy Lonavala. Over this issue murli and bansi had a huge fight and meena used to come and sit in the office as naresh was a minor at that time to support him as bansi said that murli did not even allow bansi to go to the toilet which was on the other side of the passage. Bansi could have let us rent the shop for about 1 lakhs per month but because Bansi wanted 50% of the shops from 1995-2010, 15 years we were not allowed to rent the shops. He had the keys and possession of the shops until the Court receiver took the keys from him. Bansi finally settled for 40% of the shops where as everyone got only 20% Bansi because he misappropriated the funds he did not complete floors 6, 4 and 1 but put Italian marble in his flat twice. We had to do the electric wiring, sw sockets, plumbing, flooring, and painting ourselves since we had no money we put cheap marble costing 40 rs per sft and the same is still their as the tiles were coming out We did the wiring for basement too and put the meter for the shops my son too had gone to mumbai to do the work. This amounts to cheating and criminal breach of trust From 1998-2010 bansi did not allow us to rent the flats. My husband took out several notices of Motion with the help of my father an advocate on my direction as and I was pursuing the case as we were most affected. but bunsi did not allow us to rent our flat after the order of the High court and after my son and my husband completed the flat bansi still did not allow my husband to rent the flat and so after 4 months my son gave both the flats and Rs 4 lakhs to complete the balance work to the same tenant. NEEL KIRAN: Bansi Bajaj never allowed us to use the Neel kiran office till the high court ordered and Naresh also gave us the key in 2010. Bansi and Naresh are occupying more than his 25% share, i.e. 100% common area, reception and accountant cabin. Mr Bansi Bajaj has illegally occupied my father-in-law’s cabin, not allowing our staff. Not giving my husband a separate electric connection and not paying commercial water bills to the society. Hence the society is not giving NOC so that we can apply for Separate entrance so that my husband can gift that property and rent it out. The lights, fan and power of the reception and common area are being shut at 7 PM giving a bad impression to our clients. I am and advocates daughter and wife. Neel kiran was originally purchased by my father in 1965 till the High Court orders then they were not allowing us to work from Neel kiran office and continue Bajaj Electricals which they had closed down. Further in Neel kiran bansi had cheated and put his own name on the entire property. COURT CASE : In 2003 Vivek filed a case in the city civil court on losing the case. In 2005 Vivek filed a case in the High Court for the properties of my father-in-law which Bansi was not allowing us to rent. In 2010 the consent terms filed in the High Court allowed everybody to rent which every one did except bansi and Naresh who have no spare flat to rent as Bansi and his son naresh are staying the their respective flats. Bansi put huge pots on the terrace for 13 years, We had to remove them when we did the water proofing We had to pay 50,000 to the tenant for the damage caused by water leakage as ours was the top floor flat We Vivek and my husband spent Approx ₹2 Lakhs as soil and weeds overflowing from the pots and pieced of nets which they had put for playing games, blocked the drains, and damaging the water proofing, Vivek called a truck, and disposed them off. Proof is the police complaint filed by Naresh and Bansi Bajaj, Sunil and late Shridhar Bajaj against vivek for stealing planted pots. Bansi cheated and is still cheating for parking The loss of rent from the shops is 17yrs x ₹18L ₹2.31 cr and and from the flat from 1998-2011- 13 years. 13x12x1.25L = ₹1.95cr each flat. Mira to get her 2 floors blocked the redevelopment for 3 years, till she got 2 floors, 4 flats 1990-1993. The loss of rent from the shops is 3yrs x 12x ₹1.5L is ₹54 lakhs and and from the flat 3x12x1.25L = ₹45 lakhs each flat. Bansi also blocked the bidding by High court receiver for 2 years, with flimsy excuses, all of which are recorded in court receivers bidding meetings. Till we won the shops as we did not have the money bansi and murli jointly bid and won We took out an application that they cannot sublet the shops. Mira and Bansi were depositing ₹5L to the receiver every month and not getting a penny hence the agreed and finally filed a consent terms before the High court Kishen As he was one of the 5 brothers, because of my husband’s grandmother, his name was included in the property USHA VILLA and in the 1993 agreement he insisted on getting only one floor after paying his share of the construction cost. There was no talk about he getting anything from the shops but In the court case in 2005 he insisted on getting 20% of the shops which delayed the settlement till he finally gave his 5% to bansi, shri too gave his 5% and murli his 10% there by bansi got 40% against 20% due to all the 5 brothers only then Bansi settled. NARESH Naresh Bansi Bajaj 44 years is the son of Mr Bansi Bajaj has occupied my father in-laws cabin and was the main person in the negotiations during 2010 the compromise deed after the order of the Hon'ble High Court of Bombay. To get his 40% of the shops Naresh cheated and told me that the our 25% share in the office Neel kiran is worth 75 lakhs and all of them paid 25 lakhs to make our share 1.0 crores and told that vivek’s kailash kutir is also worth 1 crore. Hence both brothers Vivek and my husband are getting equal and we should settle. In the court case Bombay High Court had ordered that we are entitled to 50% of Kailash Kuteer. The order is attached as Exhibit “D”. After the death of Murli bajaj and Shridhar bajaj Sunil became 50% owner of Neel kiran, Bansi wanted to buy my 25% share so that he could also become 50% owner in neel kiran at that time naresh offered only 40 lakhs. He had also lied regarding Kailash Kutir which is actually worth 3 CRORES. Hence we too get a compensation of 3 crores. In 1990 there was dispute between my father in law’s brothers with respect to property Usha Villa where we were staying when I got married later I moved to bangalore Mira and Murlidhar bajaj wanted 2 floors and delayed the construction for 3 years by refusing to move from the old bungalow till in the 1993 agreement he got the 2 floors all the brothers got only one floor. Hence bansi also wanted 50% of the shops. Sunil And Naresh EMAILS After the settlement in 2010 my husband begged them to complete the building on the suit property but bansi and naresh were struggling with a building in Nasik. Mr Sunil Bajaj on behalf of his mother Mira Bajaj and Naresh bajaj on behalf of his father Bansi Bajaj had a meeting with us at a hotel in Bangalore. They did not stay at the suit property even at that time to discuss the construction of a building on the suit property. During that time we had agreed to give them 50% of the property but they wanted more; they claimed that we did not have the money to pay for construction cost. Naresh wanted 40 % of the area first as a builder of the remaining 60% he would give 50% to us i.e. nett only 30% of the suit property and they would keep the remaining 70%. Naresh also made me sell my office in mittal tower for 70 lakhs and as he did not agree and start the project after 3 years passed I lost 30% as income and capital gains tax later wanted the area in place of the amount of money I delayed putting in my share of the construction cost. He never gave the rate of interest till date. My husband and my son surya also went to mumbai several times to convince them we had money which I had invested in a flat in G corp which i have now agreed to sell for 1.06 cr. My younger daughter had invested in a flat in Assets which she sold for 45 lakhs and my elder daughter has a flat in prestige worth 62 lakhs. From the Rent we have also saved upto 2 cr for the construction cost. Proof of all this are the emails attached by Mira Bajaj in her written statement. I have an app In short on my phone which gives news in less than 60 word and i got this news about Ravinder Kaur Grewal vs Manjit Kaur on 7 August, 2019 without reading much i pass on all the legal news to my husband and we filed this suit in this court for 100% of the suit property as adverse possessors. After this case we refused to talk about giving them 50%. Mira Bajaj and Bansi Bajaj sent a letter to us dated on 13 may 2019 attached to their written statement requesting to partition the suit property. In the letter they have stated they want to occupy the property without due process of law which we are in occupation since 1981 and my husband since 1976 and in exclusive possession since 1990. Thereby changing the nature of suit to a partition suit. The Hon’ble Judge in his order dismissing the IA 1 of my husband believing that they are in possession of the suit property due to the lies In the written statement by Mira Bajaj who says she sold 40% of her share of the suit property to Bansi Bajaj and mira has lied that bansi is in possession of the suit property as co-owner. In that letter they have given their from address as the address of the suit property viz No 9, 1st cross Lavelle Road Bangalore 560001 claiming that they are staying at the suit property. BOARD: Taking advantage of this order Along with an advocate an assistant of Advocate S. Basavaraj who is defending Mira bajaj having Office at Unit No 1, 2nd Floor, No 11, Jeevan Buildings ( New Block ), Kumara Park East, Bangalore 560001, Sunil and Naresh came to Bangalore and installed a sign board in our house at Number 9 1st cross Lavelle road, Bangalore 560 001 defaming us. As this was an illegal act hence we removed the board the next day and they made a police complaint against us for removing the board. Mr Sunil Bajaj brought his bag and ordered food items to prove that and say that he will stay here and we called the police who came and made Sunil leave the premises. They may be directed to produce a copy of the complaint filed by them before the police. The copy of our police complaint is attached as Exhibit “D” Later the police again came to our house saying they wanted to close the complaint. Sunil and Naresh should be in jail for defamation like the person who was in jail for threatening to read hanuman chalisa. Bansi wanted my husband to help him in doing the work of Mittal towers at MG road bangalore when he refused it was agreed that the project will be done in my son's name Surya corporation. During that time too Bansi never used to stay at the Suit property. Bansi collected 65 lakhs in the name of surya corporation at mumbai but sent only 11 lakhs to us. There were fights between us and Bansi bajaj over balance 20 lakhs due from mittal which mittal says bansi has stolen and misappropriation of fund from mittal tower when asked for accounts Bansi stopped coming to bangalore and we alone completed mittal tower with our funds for last 3 years of the project. I am the propritorix of Surya Corporation I personally asked but Mr Om Prakash Mittal said he paid 20 lakhs to Bansi towards the final bill for the work done at Mittal tower on MG Road. Mr. Bansi closed Bajaj Electricals and stole the clients to Bansi Electricals Mira Bajaj has told lies in her written statement that bansi and Sunil have stayed at the suit premises and they in possession as a co-owner. She also told lies that bansi has kept a TV, Fridge, microwave etc. The fact is Bansi told my father in law and mother in law that their flats on the 6th floor of Usha Villa in mumbai are ready and they should come back from the USA and stay there. After coming to mumbai my father in law and mother in law also came to bangalore seeing our miserable condition he gifted the TV, Fridge, microwave etc to my in laws from the income of surya corporation for the work done at mittal towers We purchased a car on EMI when I was driving the car 4 goons from Standard chartered bank asked me to get down and took away our car for non payment of just 2-3 Emi’s that time Mira Bajaj or her son Sunil bajaj refused to pay Rs 23,000 nor Bansi Bajaj who had borrowed Rs 2.0 lakhs from my husband when my father an advocate helped my husband get 7 lakhs from Asian Cables giving the reason that he wanted to buy a car for shridhar who was also in trouble like us and who wife divorced and left him because they shut down Bajaj Electricals as he was the 4th partner Bansi refused to return only Rs 23,000 which we had to pay as EMI and Standard Chartered auctioned and sold our car. Mira is lying in her written statement that bansi has kept his business materials in our house. When Bansi was thrown out of Marriott Hotel and Pebble Bay his tools which were bulky and not worth taking back to mumbai he requested my husband to keep them and they were worthless and and we had to pay money for throwing them away when we cleaned up the house for our daughter’s marriage which neither Mira or her husband murli nor bansi or his wife meena attended any our our children’s marriage, Mira Bajaj is the real wife of my father in laws real brother late murli bajaj similarly bansi bajaj too is the real brother of my father in law and they did not attend and our our children's marriage. But we saw mira Bajaj in Hyderabad many years later for her own granddaughter's wedding.
asdf Click here to see pg 1 of the 1993 agreement
Click here to see pg 2 of the 1993 agreement
Click here to see pg 3 of the 1993 agreement
Click here to see pg 4 of the 1993 agreement

The Text of the 1993 Agreement is herebelow


EXHIBIT “D”
April 28, 1993
Re : Construction of New Usha Villa at 24, Linking
Road Santacruz, Mumbai.
All five brothers must agree that no one will interfere till construction is completed and building is fully occupied. No body will take any legal action to obstruct the construction in any manner till occupied.
If building is made Basement + Ground 4 floors (8 flats)
flat no. 3A, 3rd floor Parshottam Bajaj
2 flats No. 1A & B, 1st Floor Murai Bajaj
1 flat No.2A, 2nd Floor, Krishna Bajaj
1 flat. No.2B; 2nd floor. Bansi Bajaj
1 flat No. 3B, 3rd Floor Shree Bajaj
2 flats 4A/B, 4th floor common Basement, Ground Floor & Terrace Common
If building is, made Basement + Ground 6 floors (12 flats) :
2 flats 6th floor Parshottam Bajaj
4 flats 1st and 2nd floor Murli Bajaj
2 flats 4th floor Krishnan Bajaj
2 flats 5th floor Bansi Bajaj
2 flats. 3rd floor Shree Bajaj
Basement, Ground & Terrace Common.
- 2 -
4. No brother is authorised to sell lease, tenant or transfer his flat. If he must, than 1st option for purchase will be offered to other 4 brothers. This clause is to emphasize that family of Bauji Bajaj (his children and grand children) is the only family allowed to stay in new Usha Villa,
5. All 5 brothers will contribute towards the construction of new Usha Villa with their full might. The funds will be utilised from the available liquidity and if needed by disposing the properties in India, in order to preference as agreed mutually.
6. It is necessary to vacate the present Usha Villa and brothers will be moving and temporarily staying in the available accommodations,This shifting is mutually agreed and the consent is accorded whole heartedly by all concerned.
7. The Agreement is being entered into with the blessing of the eldest sister Smt. Shanti B. Raheja. In case of any mis-understanding, the dispute will be referred to an arbitration by Smt. Shanti B. Raheja. : No brother or his heirs will have any right to move to Court. No Court of Law will have any jurisdiction to this Agreement except by way of sole arbitration of Smt. Shanti B. Raheja. Decision of Smt. Shanti B. Raheja will
Page 3 -
be binding and final.
All 5 brothers have to abide by this.
All brothers shall shift from Usha Villa on or before 1st September, 1993.
(ii) No brother shall seek to delay the construction of the building on any ground.(111)
(iii) Shri shall shift temporarily to Khar Palli House. The issue of temporary house for Murli and Bansi shall be finally decided by Shanti Raheja and both brothers agree to abide by her decision.
If need arises, funds will also be raised by obtaining loans from Shri B. S. Raheja for the completion and Occupation of the project. This loan will be in the name of all the 5 brothers and will be the responsibility of all the 5 brothers to return this loan jointly and individually.
List of Real Estate to be disposed, if needed,
The list is in order of preference to sell :
(I) Gujarat factory
(II) By leasing ground floor of new Usha Villa
(III) 4 shops in Thanna
Pg 4
(iv) Meera Road flats and shops
(v) Mahakali One flat
(vi) Flat in Haydrabad
(vii) Mahakali 2nd flat
(viii) Nariman Point office.
(ix) Bangalore Properties
(x) Delhi Properties
(xi) Poona Property
(xii) All remaining Bombay Properties.
sd/ Parshottam Bajaj
sd/ Murli Bajaj
sd/ Krishnan Bajaj
sd/ Bansi Bajaj
sd/ Shree Bajaj
Witness
Sd/ Sunil Bajaj
sd/ Anil Bajaj
https://indiankanoon.org/doc/1436241/
cheating
Section 420 in The Indian Penal Code
420. Cheating and dishonestly inducing delivery of property.—
Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. http://bit.ly/anilSBI not working link

red is my comment

blue is IPC

Date and Time

YOU ARE VISITOR NO

VISITOR NO


Co-owner


A person who owns something jointly with another.
The term was coined by the banks,
They wanted some more security for the loan they have to give and
To increase the amount of the loan they can give on a particular property
It was mainly for husband and wives.
The first question the banks would ask are you married if yes is your wife earning if yes then they make her a co-borrower and after they have paid the funds to the buider he will make an agreement as co-owner
Why would one co-owner stop staying together
In this case the following reason why they stopped saying together

SWORN STATEMENT OF THE COMPLAINANT

U/S.200 Cr.P.C. IN THE COURT OF THE VIIL ADDL. C.M.M., BANGALORE. P.C.R.No.1476/2017 Duly sworn on : 04-02-2021
NAME Anil Bajaj FATHER NAME Parshotham Bajaj AGE 64 years. OCCUPATION Advocate RESIDENCE Bangalore
In 1976 I came to Bangalore. I got married in 1980.

I enrolled in the BMC college of law My degree, marksheets and my bar council registration

EVIDENCE

I have three children and we are peacefully living in the No.9, 1st Cross, Lavelle Road, Bengaluru.

My first daughter was born in 1981 and there after my son and another daughter their birth certificates undisturbed since I first came to Bangalore in 1976 till date 2021 ie 45 years Accused No.1 Meera Muralidhar Bajaj is the Co-owner of the Building in which I am living. Her son left for US in the year 1982 after completing Engineering. Thereafter accused No. 1 did not come to Bengaluru.

It is difficult to pay fees and accomodaion and food for the student where is the question that he can buy property in th USA hence it is true that money was being sent to rajan


in the case of an offence the amount or value involved in which exceeds one lakh of rupees, with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine:

The Foreign Exchange Regulation Act, 1973

FULL Foreign Exchange Regulation Act, 1973
In 1993 there was a dispute between my father and his brothers with respect to property situated at Mumbai because the accused No.1 Bansi Shobharaj Bajaj claimed that he has got 20% right in the Bengaluru property. Late Murali Bajaj sent funds through his brother Kishen Bajaj to his son Rajan Bajaj to buy a house in the USA in violation of FERA. Thereafter accused No.1 and her son Deepak Bajaj and Accused No.6 closed the Bajaj Electricals. Seeks time for further sworn statements. Time granted. (Typed to my dictation in the open court). 4/2/2021 FURTHER SWORN STATEMENT OF THE COMPLAINANT: Duly sworn on : 24-02-2021 The accused No.4 in the year 1993 got the General Power of Attorney to construct the building at Mumbai. From that money and from 65 Lakhs received from Mittal Towers he purchased property in his name at Lonavala.

This was the couter statement by mira murlidhar when bansi made the statment that money was being sent to rajan


Section 403 of IPC Dishonest misappropriation of property or converts to his own use any movable property, shall be punished with imprisonment extend to two years, or with fine, or with both 405 criminal breach of trust

Accused No.1 Meera took 2 Floor from all the brothers towards Mumbai property. 23. "Wrongful gain" "Wrongful gain" is gain by unlawful means of property which the person gaining is not legally entitled. Accused No.4 also wanted 50% of the shops in the same property. Because of the orders of the Courts, the Court received received keys from Accused No.4 Bansi Bajaj. Accused No.5 has cheated and Bombay High Court has ordered that my father is the owner of Kailash Kuteer and I am entitled to 50% share in the said property. Accused No:5 told my wife that he is giving cash of Rs.25,00,000/- and office premises worth 75 Lakhs towards my share in Kailash Kuteer property. When husband of accused No.1 died, his son accused No.2 became 50% owner of the Neel Kiran office. At that time accused No.5 also wanted Page 2 to become 50% owner and offered only R$.40,00,000/- as my shares. Accused No.5 further cheated by occupying 100% common area reception and accountant cabin. Accused No.1 and her hụsband and her son Sunil stopped coming to Bangalore because of the disputes before High Court. They did not allow me to use Mumbai office till I got the keys from the High Court. Thereafter I could rent my shops and flats. I could not rent the office because they were using commercial water and society was not giving NOC. For Bangalore property also accused are not the NOC to get my name entered in the Khatha so that I can gift my property to my children, The accused have also written letter to me stating they want to occupy the property without due process of law which I am in occupation since 1976 and exclusive possession since 1993 and they have stated that they want to partition the property. I have produced letter written by Accused No.1 same is marked as Ex.C-1. (Typed to my dictation in the open court). R.O.I. & A.C А) VITI ACMM. Indian Penal Code, 1860 FULL Indian Penal Code, 1860 Soft copy
The Foreign Exchange Regulation Act (FERA) 1973 If there was a violation of FERA rules, then it was considered as Criminal offence. For those guilty of violating FERA rules, there was provision for direct punishment. If there was a need for transferring of funds for external operations, then prior approval of the Reserve Bank of India (RBI) is required. https://enforcementdirectorate.gov.in/foreign_exchange_regulation_act_1973.pdf?p1=1188261538006400044 https://enforcementdirectorate.gov.in/

JUDGEMENTS


LIE DETECTOR TEST The Telgi Rs. 30,000 crore fake stamp paper scam. Anna Hazer filed a PIL in the Bombay high court CBI and appointed a honest retired additional DGP Sukhwinder Singh Puri Known as 'Justice Puri’ The prima facie evidence was obtained by a lie detector tests by CBI in their Polygraph Test facility at bangalore PERJURY Giving and Fabricating False Evidence: 9. Any lies before court will be treated as CONTEMPT OF COURT. Section 3 of The Indian Evidence Act, 1872 Defines the term ‘evidence’ to mean and include “ All statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, and All documents including electronic records produced for the inspection of the court.” Sections 191 and 192 define giving as well as fabricating false evidence as crimes which are punishable under law. Giving False Evidence: According to section 191, “Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Fabricating False Evidence: Section 192 states that, “Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said to fabricate false evidence". BEST BAKERY CASE More recently the Best Bakery case relating to the Gujarat communal riots 2. model Jessica Lall’s murder have brought into sharp focus the issue of “perjury”. AMENDMENT IN SECTION 145 OF THE Cr. P. C. http://www.commonlii.org/pk/other/PKLJC/reports/31.html Section 145 of the Criminal Procedure Code 1898 (Cr.P.C.) is designed to prevent a breach of peace over a dispute related to immovable property. An extract of the relevant provision is produced below: Section 145. Procedure where dispute concerning land, etc., is likely to cause breach of peace Whenever a District Magistrate, (or Sub-divisional Magistrate or an Executive Magistrate specially empowered by the Provincial Government in this behalf) is satisfied from a police-report or other information that a dispute likely to cause breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his jurisdiction he shall make an order in writing, stating the grounds of being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. Section 441 Indian Penal Code 441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”. Section 504 of The Indian Penal Code Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both ADVERSE POSSESSION
Ravinder Kaur Grewal vs Manjit Kaur on 7 August, 2019. Whether the plaintiff is in possession Whether the plaintiff has become owner by adverse possession? Whether the defendants are estopped execution of their family settlement deed by their own non performance of act and conduct? Judgement Veerankutty vs Nabeeesa on 9 July, 2010
"That they cannot be allowed to contend that the co sharers-defendants were in possession on behalf of the plaintiffs"

JUDGEMENTS
CO-OWNERS IN ADVERSE POSSESSION


Judgement Veerankutty vs Nabeeesa on 9 July, 2010
Ibramsa v. Sk. Meerasa (AIR 1972 Madras 467) a distinction was drawn between adverse possession as between strangers and co- owners. In that decision it was held as follows: "There is a distinction between adverse possession as between strangers and ouster and exclusion of co-owners. In the case of adverse possession as against strangers, it is sufficient that adverse possession is overt and without any attempt at concealment. It is not necessary that adverse possession should be brought home to the knowledge of the owner. When the adverse possession is open, visible and notorious, if the owner remains ignorant and indifferent he cannot complain. In the case of ouster of a co-owner the position is different. To constitute ouster law requires something than mere exclusive possession and exclusive receipt of income. There must also be an ouster a hostile, open denial and an open repudiation of that co-owner;s right to the latter's knowledge. But this does not mean that the co-owner who has been ousted our excluded should be expressly informed as such by the other co-owner. If other circumstances concur the courts can legitimately infer from exclusive possession for a considerable length of time, that the other co-owner has been excluded to his knowledge. The theory of lost grant is applicable to support long continued possession for considerable length of time. If the co-owner does not assert his right for a considerable length of time, the inactive co-owner must take the consequences for long delay in bringing a suit to establish his right, which delay has prejudiced the other side and occasioned loss of evidence by lapse of time."
Add party
It is Order 1 of the Code of Civil Procedure, which deals with parties to the suit. Order 1 Rule 10 of the Code of Civil Procedure (hereinafter referred to as CPC) enables the court to add or substitute Any person as a party at any stage of the proceedings The person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions involved in the suit This also enables the court to avoid multiplicity of proceedings.