LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ashwani Kumar (Technical)     07 July 2014

Forcefully possession by sp of punjab

Hi All,

 

I did purchased a commercial land from a builder.  It was in a society with 20+ residential independent duplex and a front row of shops approx. 38 shops. 
Builder construct 20 shops and rest of 18 shops plots are sold.  I did purchased the 2 plots from other end, that is 37, 38 in 2009.   I got registery for all that with marking like  end wall of society on left.  487 foot far from another wall of society from right.  30 feet road at back,  14 foot parking in front.  All is mentioned in registry.  Got Intkaal too form patwari.

 

As it was about 18 plots and is out of city, no much people shifted to this area and none of 18 owners did any construction, so nor i.
 

In 2013, 20th December. I randomly goes to visit there. I found people are doing construction. I did tried to stopped them.  After  a few mins, on 20th Dec, 2013 at 3:45pm, SP of punjab come and told that he is the owner of land and is doing construction over there.  Go to the Builder, he sold you false land. 


No way to go ........

 

I filed the case in court,  contacted the police showed the documents no one took any action.   There is no law at all.   This is just a fun with common people.

 

Details:

Case is filed in 20th Dec, 2013 for stay/stop them.  As no stay was given,  Judge statement was "You have all documents Land is yours, you will get it. If they create the construction there that will be yours".

 

Did contacted other lawyer he suggest that now land is occupied by them,  either you have to use your muscle powers or file another case for possession.  Withdraw the first case filled another case for possession, and ask the Judge for  "Stay"  ....... Got Same reply as from first Judge.

 

Advocate pressurize the judge for local comessioner.  and  Judge agrees for that and is done.  Comessioner reports that new construction is there partial walls recently build etc..   We check the other party also stops construction,  I am not aware of  why ??

 

Till now, 6 dates given by the court case is in appearing,  SP never accepts the court orders.  In June, court holidays, they starts construction again.   We goes to the court on  1 July, very first day of court to get the stay orders.

Our argument:  If the other party is keep on investing money, it goes on increasing the dispute.  Even if court declares the land is mine they will not leave it may cause fights and so on. Please give stay orders or atleast  order to stop work till suit is pending in court.

 

Judge reply:  "Let them construct it, it will be yours if this is your land.  if they attack on you later there are other laws you can file next case."

 

India is great.

 

 



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register