construction on partition suit land
M Satyanarayana
(Querist) 11 August 2010
This query is : Resolved
Sir,
I filed partition suit and court decreed order in my favour. I got 2/3rd share in the property. During the pendency of suit the respondents constructed 2 storyed RCC house on the 2/3rd share property. They have constructed house on my share of the property. At that time I obtained status quo order from the court "not to alter the nature of the suit schedule property" still they have constructed the house. The respondents have not filed any counter nor they explained to the court the reasons for construction. After this the suit came for final hearing. The house constructed on my share of property is unauthorised without any Municipal permission.
On partition of the land whether I have to forego my share because of respondent constructed the house? Is it not a contempt of court order. What are the options left to me to reclaim my share during the partition. Whether I can claim mesne profits and when I should file the mesne profit petition. After partition of the suit schedule property whether they will have right to sell the property without paying mesne profits to me.
Since I am decree holder now I am filing for the final decree for partition in the court
Kindly adivse me. I will be grateful for the advise.
Thanking you,
Yours faithfully,
M.Satyanarayana.
niranjan
(Expert) 11 August 2010
Whether you had court panchnama of the premises before construction? Whether construction is made on open plot or alteration? It definitely amounts to contempt of court and you can apply for restoration of position if you can prove that. You can apply to court to appoint commissioner for effecting the partition and hand over you the possession of you portion.
s.subramanian
(Expert) 11 August 2010
yes. i concur with niranjan.
Surrender K Singal
(Expert) 11 August 2010
Contempt of Court's 'status quo' order should not be delayed !
