Hemant 08 December 2016

Land dispute over land which we bought 50 years back

Hello Sir,

My grandfather came to city from village 50 years back and he bought a piece of land for business from the landlord. At that time legal documents were not that much important. So he bought that land with kacche papers. Everything was going fine but 10-12 years back the landlord's son came and ask to return the land. We were owning a fastfood restaurant there from last 50 years. Then he filed case in lower court and we lost there. Then we appealed in session court and we won. Again he appealed in High Court and the case was going on but 2-3 months back on the hearing the honorable judge said that decision is decided and will release it later. And now 3 days back suddenly the decision came and we lost that case. We have light bill and water bill on my Grandfather's name and we are doing business there from last 50 years. Can anyone please suggest what we should do now? Should we apply in Supreme court ? Will Supreme court accept the case ? We have asked for the decision copy.

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11 Replies

Ms.Usha Kapoor (CEO) 09 December 2016

By virtue of doctrine of adverse possession the property orthe piece of land your grand father bouht 50 years sago and you.ve been in continuous and peaceful uninterrpted possession till 12 years ago you've perfected your title and possession.Appeal to the Supreme court. Most likely you may win.If you appreciate this answerplease give me all my profile likes

G.L.N. Prasad (Retired employee.) 09 December 2016

All these grounds must have been argued in trial court. Unless there are more details, one can not guide in already dismissed case. The HC judgment should be scrutinised, the opinion of HC advocate and his recommendation to his counterpart are necessary. Members without adequate details in a dismissed HC appeal can not provide proper guidance.

(Guest)

All Judgements required to be studied .

It is also required to study how the case was presented .

P. Venu (Advocate) 09 December 2016

Yes, no meaningful suggestion unless all the Judgments are perused.

Kumar Doab (FIN) 10 December 2016

Agreed with experts.

Hemant 14 December 2016

Hello Experts,

Thank you very much for your views. We have filed RTI for judgement copy and order copy. I will update you all once I get the copies. Thanks once again for your time.

Kumar Doab (FIN) 14 December 2016

Certified copy can be applied for in HC.

G.L.N. Prasad (Retired employee.) 14 December 2016

When any public authority is having a laid down procedure for providing record as certified copies already at the time of enactment of RTI, that holds good. As courts have a procedure for providing certified copies under Civil procedure code, you have to file application for such CC to the Court. Filing RTI Application may not serve any purpose., As per citizen charter you may get CC within 10 days in ordinary process, whereas for denial from court under RTI it takes 40 days. Decision is yours.