Dear Sir,
I have few queries, before that I want to mention the case history.
My opponent had purchased a land (with house) just next to my house in year 1992 . He got registered more land from their actual owners.
Since there was no boundary between my house and that house, he reAgistered a civil case against my father and claimed his land is occupied by us.
He registered lot of cases in various department (DCLR) but from everywhere it was rejected, because he was not able to prove his claim.
In year 2008, execution munsif passed their order and rejected his claim due to his nonappearance on the dates. He always skipped the hearings since he didn’t have any papers regarding his claim.
Once his case rejected he again filed an appeal (as miscellaneous case) and requested to re-open the case. Now hearing is on-going (from last 10 years) to decide whether case should be re-open or not and this time again he is skipping the hearings.
Now, we want to do some construction along with fencing since our house is old and not fit for habitation anymore.
Now my question is:
Since he has filed an appeal to re-open the case (but again shipping the hearings), can be proceed further and get constructed our house along with concrete boundary??
Whenever we tried to repair / construct in past, he always registered false criminal cases against us. But now since it is not fit to stay we are in urgent need to construct it.
If we proceed further what would be its consequence??
Can’t we construct on basis of previous judgement of case where execution munsif rejected his claim??
Since I’m not from legal background please accept my apology in case you feel any difficulties to understand the problem.
Looking forward to hear from you.
Thanks
