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SATISH SINGH (CAPTAIN)     08 June 2011

Tresspass of agricultural land

I bought a plot of agricultural land and 7/12 extract , registered sale deed and all legal docs were transferred to my name in 2005 . I had bought the plot from a person named Jain. Jain in turn had bought the plot from the Surve family. When the senior Surve expired in 1987 , the deed of Inheritence was registered in the same year in the  names of six brothers and sisters . All legal docs of the plot were also transferred in the names of these six brothers and sisters . In 1989 the six Surve brothers and sisters sold the land to Jain and all legal docs including 7/12 extract , registered sale deal were transferred to Jain's name since then . In 2009 one person calling himself  Vijay Surve filed a case before the Sub Divisional Officer of the Taluka stating that he was also the son of the original owner and that his brothers and sisters had sold the land without his consent and that he had not been paid anything by them after its sale to Jain in 1989 . He contented that he had never sold the land to anyone and that he was still in possession of the land and cultivating it . This was a lie as I had taken possession of vacant land in 2005 and it was only in 2009 that Viyay Surve had trespassed into my land and started cultivation. Vijay Surve's name was not mentioned in the Deed of Inheritence nor was his name mentioned in any doc pertaining to the land. He appealed to the SDO to annul all the docs pertaining to the land including all the registered sale deeds , the 7/12 extract as well as the Deed of Inheritence. The SDO issued a notice to me to  produce necessary docs to prove our ownership of the land .  We have long ago produced all our docs before the SDO but he has repeatedly postponed giving his decision though he has  kept the matter for orders to be passed for quite sometime now.

My queries are as follows :

1. On what basis did the SDO's office issue notice to me since Vijay Surve DID NOT HAVE A SINGLE doc to prove his identity or that he is indeed the son of the original owner.                                                                               2. Since the SDO is not passing orders in the case what action can I take to ensure he does so . He has even refused to listen to the directive of the Dictrict Collector on the issue.                                                                          3. Can I not approach the police to take action to remove the trespassers from my land since they have no docs to prove their right nor is there any stay or any order passed by the SDO curtailing my right in any way.        4. Isn't the appeal filed by Vijay Surve barred by the Law of Limitation?                                                                       5. Is there any other action that I can take to get relief as expeditiously as possible?

Kindly advise .                                                                              



Learning

 1 Replies

vishesh kumar (0)     08 June 2011

you should file suit for parmanent injuction against the vijay

 


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