Auction
HARiSH SHARMA
(Querist) 23 April 2013
This query is : Resolved
We r plantiffs our father has passed away in 1995 he has a property of krisi land ,father was a bhumidhar owner of above land. Then above property transferd to us (sons) via (paka-11 kha) What is the validity of a auction of krishi land ?
1. Defendent Says auction has done in 1989 by nayab tehsildar . 2. Original file is not available in tehsil or other place, ,duplicate file has been prepared by statement of employees of tehsil . 3. Not available permision latter of auction . 4. Not issued sell certificate in favour of defandents.. 5. Not any entry in katauni nd khasra.
1.Defndents have form-4 .2.entry in register no-4 in tehsil of money which deposited by defandents. 3. Defandents in possesion .
In above circumstanses what relief for plaintiffs ??
Raj Kumar Makkad
(Expert) 23 April 2013
Which is the document of the possession in favour of defendants?
I think the khatouni shall be in their favour, it shall be better to provide the information from which year, such possessory entry in favour of the defendants is available.
HARiSH SHARMA
(Querist) 24 April 2013
Defandents has only form no-4 (reciept of deposit amout via ameen).
Defandent in possesion from 1990 to now .
Khatauni is in favour of us (plantifs) , land is transfered to us (sons) via (paka-11 kha) in 1998 . As it is now.
HARiSH SHARMA
(Querist) 24 April 2013
What is the best relief in above circumstances ?
Raj Kumar Makkad
(Expert) 24 April 2013
You should defend the case filed by the opposite party on all available grounds which even you have mentioned in the query and should also file a counter claim of recovery of possession from that party.
HARiSH SHARMA
(Querist) 24 April 2013
Sir,
we did a mistake we filed a injunction suit says that we r in possesion nd lower court odered "status qou" .. Then we filed revision of above order in court of dj is pending..
Raj Kumar Makkad
(Expert) 24 April 2013
Now you have no other option but to move an application under order 39 Rule 2A claiming that the defendant has violated the order of the court on a particular day and has taken the forcible possession of the suit property. Then you also amend the relief of the suit by inserting the relief of restoration of possession.
HARiSH SHARMA
(Querist) 24 April 2013
Sir,
Can we file suit u/s 134 revenue code 2006 for restoration of possesion ,
If benefit ??
Raj Kumar Makkad
(Expert) 24 April 2013
What is this 134 Revenue Code suit?
I have heard about this code suit for the first time from you hence I cannot offer any comment. I think you are not using the correct words. Anyway, let other experts come and express their opinion over the given revenue code section 134.
HARiSH SHARMA
(Querist) 24 April 2013
This is New code "u.p. Revenue code 2006"
Raj Kumar Makkad
(Expert) 24 April 2013
You have changed the name of Code now. It is not wise to withdraw earlier suit and file new one under this code.
prabhakar singh
(Expert) 24 April 2013
Paka11 is mutation recorded on report of lekhpal about the death of owner bhumidhar.
So you are legally mutated.
you state khatauni(record of bhumidhari) is in your name and you have filled injunction suit in which status quo has been ordered.
But you have not told about khasera -record of possession,what does this speak?
HARiSH SHARMA
(Querist) 25 April 2013
We have got prepared khasera by lekhpal..khasera is also in favour of us
