I have a query.

Sumeet (Querist) 07 June 2020 This query is : Resolved
I have one more query..
A civil case is pending in the Honb'le court.
The plaintiff has filed a false civil suit regarding property to harass us..

I am the owner in possession of a Land .
I purchased the land 35 years ago through registered sale deed by paying appropriate stamp duty.
My family has the possession of land since 35 years.

Plaintiff has nothing to do with this land and he has filed a civil suit just to mentally harass us.

My Question is-

I came to know that he has created a forged rent agreement in which he has given our land to rent for 2 years.
and also he has submitted the rent agreement in court also.

IF I AM THE OWNER IN POSESSION OF THE LAND, THEN HOW HE CAN RENT OUT LAND WITHOUT MY PERMISSION TO ANYONE ELSE.

ISN'T IT A CRIMINAL OFFENCE.
Sir please tell me that is it a criminal offence to rent out someone else land without owner's permission?

WHAT SECTION OF IPC WILL ATTRACT IN THIS SITUATION?

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Isaac Gabriel (Expert) 07 June 2020
Contest the case with the proof of documents on hand.

Raj Kumar Makkad (Expert) 07 June 2020
Imposition of the sections is the job of the police. You are required only to make a detailed complaint to the local police along-with evidence of your ownership and possession of the said property since last 35 years and the act of the fraud committed with you. 419/420/467/468/471/120B IPC are appropriate sections in the light of the facts submitted by you.

Sumeet (Querist) 07 June 2020
@Raj Kumar Makkad ji Thank you sir.

You are very Kind and hardworking.

Sumeet (Querist) 07 June 2020
One more doubt please,
IS TITLE DOCUMENTS IN MY NAME IS ENOUGH FOR SHOWING POSESSION?

Because the land is agricultural and I don't have any electricity bill or other thing. Because I have heard that AS PER LAW "OWNER OF LAND IS SAID TO BE IN POSSESSION ALWAYS" SO "IS TITLE DOCUMENTS IN MY NAME IS ENOUGH FOR SHOWING POSSESSION as evidence to police ????"

P. Venu (Expert) 08 June 2020
The question is, what are the grounds pleaded in the plaint? Is it their case that your title is defective, in any manner.

Sumeet (Querist) 08 June 2020
Yes sir
One more doubt please,

IS TITLE DOCUMENTS IN MY NAME IS ENOUGH FOR SHOWING POSESSION? Because the land is agricultural and I don't have any electricity bill or other thing. Because I have heard that AS PER LAW "OWNER OF LAND IS SAID TO BE IN POSSESSION ALWAYS" SO "IS TITLE DOCUMENTS IN MY NAME IS ENOUGH FOR SHOWING POSSESSION as evidence to police ????"

P. Venu (Expert) 08 June 2020
What is the logic of your question when you are unwilling to furnish the information sought?

Raj Kumar Makkad (Expert) 08 June 2020
When you are in the possession of the land then the revenue entries of the possession called Girdawri in North India (prepared by revenue officials on actual basis twice a year) might be showing your name which is perse-admissible evidence without having force of any other document. So better to go through all those documents first.

Sumeet (Querist) 08 June 2020
Thank you Raj kumar makkad ji... You are very kind and hardworking.

Rajendra K Goyal (Expert) 08 June 2020
You said:
came to know that he has created a forged rent agreement in which he has given our land to rent for 2 years. and also he has submitted the rent agreement in court also.
IF I AM THE OWNER IN POSESSION OF THE LAND, THEN HOW HE CAN RENT OUT LAND WITHOUT MY PERMISSION TO ANYONE ELSE. ISN'T IT A CRIMINAL OFFENCE.
Sir please tell me that is it a criminal offence to rent out someone else land without owner's permission? WHAT SECTION OF IPC WILL ATTRACT IN THIS SITUATION?

Reply:

You can lodge FIR against the said owner and tenant. Section would be applied by the police.

Rajendra K Goyal (Expert) 08 June 2020
You said:
One more doubt please, IS TITLE DOCUMENTS IN MY NAME IS ENOUGH FOR SHOWING POSESSION? Because the land is agricultural and I don't have any electricity bill or other thing. Because I have heard that AS PER LAW "OWNER OF LAND IS SAID TO BE IN POSSESSION ALWAYS" SO "IS TITLE DOCUMENTS IN MY NAME IS ENOUGH FOR SHOWING POSSESSION as evidence to police ????"

Reply:

It is agricultural land, if the Girdawari (government record regarding crop and cultivator) is in your name, you have the possession of the property.

K Rajasekharan (Expert) 08 June 2020
It is true that any person who shows before the court that he possesses anything will be prima facie considered to be its owner by the court till the real owner of it shows that the person processing it is not the owner.

When the real owner affirms his ownership, the person in possession of it loses his claim as owner.

It is the burden of the real owner to prove the fact of his ownership in the court when somebody contests his ownership by affirming his possessory right.

This is what Section 110 of the Indian Evidence Act says.

P. Venu (Expert) 08 June 2020
Mere possession inchoate if the title itself has been defective.

Sumeet (Querist) 08 June 2020
Thank you R.K MAKKAD SIR , GOYAL SIR, RAJASHEKHARAN SIR......

Dr J C Vashista (Expert) 09 June 2020
What is the basis / document for filing, admission and issuance of notice to defendant in the civil suit ?
What is the title of suit vis-a-vis relief claimed in the plaint such as permanent, mandatory injunction, declaration, etc. etc. ?
How the plaintiff has correlated to rent agreement with the civil suit?
When you have valid title documents and are in possession for the last 35 years, how does the plaintiff came in the scene to file the civil suit ?

P. Venu (Expert) 09 June 2020
Mr. Vishista:

It appears that the author has no real problem, but offering some tests for us, based on his assumptions and presumptions.

Rajendra K Goyal (Expert) 09 June 2020
Author should provide the information called by the expert Dr. J.C. Vashishta ji.