Civil suit land issue
Priyanshu Mehta
(Querist) 03 August 2018
This query is : Resolved
Respected Sir, As we are having an open plot of 3000 sq foot against name of our Grand father and when we tried to mutate on our name and we visited the village we shocked and found that it was grabbed by land grabber with forged documents and they put bricks and stones in our plot. The land grabber is claiming that the above said land is belongs to him. The land grabber has done some settings with corrupted Village Talati and Village sarpanch who has issued two false house tax receipt and gram panchayat dakhila showing fourth side location of land. We known from legal persons that the land revenue law does not allow sarpanch to issue gram panchayat dakhila of land but they issued to land grabber.
We complained to local police but police did not taken any further actions and after that we moved to court for filling civil suit against land grabber but land grabber known this from somewhere and before we file suit the land grabber filled suit against us to avoid police actions against them and we became defendant and the land grabber became plaintiff.
Now, the court has dismissed their stay order and moved to next stage plaintiff evidence which they(land grabber) could not submit even after two years from the date of civil suit submitted. The judge banned the rights of the land grabber to submit the evidence of land which he coan never submit anymore and anyway. The next stage is defendant evidence in civil court.
Sir regarding this matter I have some queries which could be solved by experts like you only :
1. Can the land grabber defeat us in the civil suit if the land is on our grand father's name and derived to us as ancestral property which was not mutated to our name till date ?
2. The land record office is refusing to mutate on our name because the civil suit is filled in court so can the judge dismiss our counter claim and permanent stay ?
3. Can we get stay order if we have original purchase - sale deed (dastavej), land record paper, and all nominees NOC stating that if the property goes to us they dont have any obligations ? The all papers are on the name of our Grand Father only NOC of nominee stating our name.
4. The land grabber is claiming that the we have the possession of land since 12 years. How could we proof this in the court and what is the law of possession of land if somebody has illegally took possession of land ?
5. We have filled the RTI also that how the land grabber got the house tax receipt and how the sarpnach issued the land dakhila but nothing happen further and my Appeal is still pending at Gujarat Information Commission.
6. Sir what can we do further in legally to make our case strong and defeat the land grabber ?
Sir, I need your guidance which could be very helpful to me in my case. Please note that this is not the story but real fact from which I am suffering today.
Your Response is awaited.
Thanks & Regards
Priyanshu Mehta
Dr J C Vashista
(Expert) 04 August 2018
Too long a story, no time.
Seek professional services of a local prudent lawyer.
Priyanshu Mehta
(Querist) 04 August 2018
Sorry sir If i post two line query some of experts required in brief...so i described in brief...whenever u get time sir pls if possible to read you try to read and give your expert advice....i need your guidance....thank you
Priyanshu Mehta
(Querist) 04 August 2018
Sir I have described my query in short if you could reply to it when ever you get time...
1. Can the land grabber defeat us in the civil suit if the land is on our grand father's name and derived to us as ancestral property which was not mutated to our name till date ?
2. The land record office is refusing to mutate on our name because the civil suit is filled in court so can the judge dismiss our counter claim and permanent stay ?
3. Can we get stay order if we have original purchase - sale deed (dastavej), land record paper, and all nominees NOC stating that if the property goes to us they dont have any obligations ? The all papers are on the name of our Grand Father only NOC of nominee stating our name.
4. The land grabber is claiming that the we have the possession of land since 12 years. Can the land grabber defeat us in the civil suit if the land is on our grand father's name and derived to us as ancestral property which was not mutated to our name till date ?
How could we proof this in the court and what is the law of possession of land if somebody has illegally took possession of How could we proof this in the court and what is the law of possession of land if somebody has illegally took possession of
Vijay Raj Mahajan
(Expert) 04 August 2018
The Court has to decide the case on the basis of documentary evidence produced by both parties about the actual owner of the property. The illegal possession of the property for 12 years by itself does not make person owner by adverse possession, as decided by the Supreme Court in Dagadabhai (dead) By LRs case , that if any person raises plea of adverse possession for 12 years making him the owner has to first admit the ownership of the other party against whom the plea is made and adverse possession was in knowledge of the lawful owner, which was not correct in your case as you never knew about his possession for 12 years of the land. What will also go against the landgrabber the sooner he admits that the lawful ownership of the land is that of your grandfather and he is in possession in that land for 12 years, the issue of ownership get decided in your favour. If he still insist his lawful ownership of the land , the land records and registration of your grandfather's name and not his will show and prove his false claim. In both ways he looses the case.
Priyanshu Mehta
(Querist) 04 August 2018
Thank you very much Vijay Sir for giving your precious time to give your expert advice.....now ony one query is remaining if you could advise in that...
The proprty is not mutated on our name till date so can the court gives status quo ??
