Claim by neighbour!
Ramesh
(Querist) 12 March 2013
This query is : Resolved
Dear Experts of the Forum,
I have a typical problem.In a property case i have Injunction order.Now third party claims right over the part of the property ,Which is under his occupation( His claim is this land is Part of Sy No.Y).
Fact is this particular land has a Sy no X, which is confirmed by the AD,Survey & land records, on my request/petition for Survey of Land.But this third party claims this land is in Sy no Y, and refused attend the survey under took by AD,Survey & land records;the District Survey head. and he filed a Caveat against me, claiming this land is in Sy no.Y, in spite of decision by the Ad,Survey & land records.How to tackle this problem , please guide me.
Thanking you ALL.
V R SHROFF
(Expert) 12 March 2013
Court will order on your submission of Agreements, Surveyor's Report,
and Survey of you Land. Caveat is temp
prabhakar singh
(Expert) 12 March 2013
Not only you have a typical problem but you have stated it also in a typical way.
Any way what I could decipher is that while you claim the land to be in Sy no X,the third party is claiming it to be his in Sy no.Y.
BUT FROM WHICH COURT YOU HAVE "Injunction order" and against whom.??NOT CLEAR TO ME
AND IT IS ALSO NOT CLEAR IN WHICH COURT HE HAS FILED CAVEAT????
AND IT IS ALSO NOT CLEAR how part of the land is in his occupation??
The land in his occupation is vacant or he has raised any construction???
Raj Kumar Makkad
(Expert) 12 March 2013
You reply the queries raised by Mr. Singh first so that I may reply your query accordingly.
Ramesh
(Querist) 13 March 2013
Dear Prabhakar singh ji & Raj kumar makkad ji,
I am thankful to you,for the details you have asked.The reply is as follows;
1)Injunction order is in respect to property dispute between me and my brother, this Sy no:X is one(part) of many Sy Nos.
Injunction order is from I Addl. District & Session Judge of ,R.R. District.
2)The Caveat is filed by the third party against me in a)Prl.district Judge,R.R.District,b)Senior CivilJudge,R.R.District, c)Junior Civil Judge, R.R.District, as have claimed this part of land is under my position in Sy No:X.But this person claims this land is part of Sy No:Y.
3)Due to mistaken identity,part of land in Sy No: X is in occupation of this third party from very long( Because of, our vast lands in the neighbour hood; my family could not identify the boundaries)and they, ie third party claims this piece of land is part of Sy No:Y. This fact is negated by AD,S&LR of the district on my appeal for demarcation of Sy No:X.
Sir,I hope i am cleared your doubts.
Again i thankyou for sparing your Valuable time for me.
prabhakar singh
(Expert) 13 March 2013
YOU WOULD NEED TO SUE THIS THIRD PARTY TOO.
Ramesh
(Querist) 13 March 2013
Thank You very much,Sri.Prabhakar singh ji.
