Encroachment over property
Ravi Bagewadi
(Querist) 09 March 2015
This query is : Resolved
My property extends from one lane to the otherlane, But 30 yrs ago, a Service lane was laid, and after service lane some portion of my property exists, and it being a small triangular portion 180 Sq.ft, was not noted in CTS maps.My neighbour got his share of land beyond service lane, has encroached over my property by constructing staircase in my property, and accordingly I applied for mandatory and permanent injunction,
The defendant has admitted in cross examination that my property exists to his western side, He further admits that in his partition deed there is mention made about ezxistence of my property which is a registered partition deed,but says that it has been wrongly mentioned, Futher he has produced the Building Plan which is a mere zerox copy fake dicument,in which the staircase has been shown internally thro the building, where as he has admitted that he has constructed from outside,
The plan of building was not marked,
Further we had asked the court to appoint court commission, but our request was denied saying it will be waste of time.Now the case if for final judgement,Will I win the case?
Dr J C Vashista
(Expert) 10 March 2015
Your lawyer is better equipped with relevant facts of the case, ask him/her. Encroachment upon your land (as per your version) might have been admitted by defendant, which is not the only factor for the decision, remember.
All the documents placed before the court, evidences, witnesses, plaint, written statement and replication qua the issues framed are to be considered by the Ld. Judge.
Devajyoti Barman
(Expert) 10 March 2015
Without going through all the pleadings and evidences it is difficult to advise.
ajay sethi
(Expert) 10 March 2015
depends upon evidence tendered by parties .
Ravi Bagewadi
(Querist) 10 March 2015
Sir,Pl. let me know whether the court overlooks the fact that the stair case which has been shown in the so called fake building plan has been wrongly put from outside, when it is shown from inside of the building in the building plan which has been produced by defendant ,Also pl note that it was not marked.
Defendant has admitted existence of my property in his partition deed, as well as shown in the building plan while showng boundaries, and the defendant's lawyer is putting up the case as if I dont own any property beyond the service lane.For a fair judjement, the court should have allowed to appoint a court commission in order to know the exact boundaries of both, It is a fact that although the defendant has encroached my property he is defending as if he has constructed his staircase within his own boundaries, and has not encroached,
Even the corporation was made a party to the case, but they havent appraoched the court, The court cant get a clear picture of the exact situation and amount of encroachment without the measurement of the actaul areas, Then what would be the basis of judgement.
Rajendra K Goyal
(Expert) 11 March 2015
All the documents need to be referred, consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
Predictions cannot be made with regard to court judgment. Better be in touch with your lawyer constantly.
