injuction case
Querist :
Anonymous
(Querist) 10 October 2010
This query is : Resolved
as we have plot and we filed for the injuction case against my uncle in the court . on the same day my broke the locks of my house and said that in the court that this plot is mine and i have the possession of the plot .on the same day of broken locks, we complaint in the police station and the sho of police is not coperating with us .and also we have the registered gift deed of the plot on name of my father , and now my uncle claimed in the court that the registered gift deed is fraud .also we paid the stamp duty in front of the sub-registrar.So you are requested to tell about the complaining of the sho and the status of the injuction case as we original registered gift deed.
M/s. Y-not legal services
(Expert) 10 October 2010
Yes. If your gift deed is genuine mean just prove it before the court of law. If its fraud mean your uncle can challenge it.. You have to break his allegations. Right now If you are in possession, also having necessary documents in favour for you mean you can get temporary injunction against your uncle not to be disturbing your peaceful possession and enjoyment. All the best.
Kirti Kar Tripathi
(Expert) 10 October 2010
from the facts as narrated it appears at present you are not having the possession of the said property. in case, by way of interim injunction, the court orders for maintaining of status quo, the same would no of any use therefore, your are required to amend your plaint first by seeking relief of recovery of possession also
adv. rajeev ( rajoo )
(Expert) 10 October 2010
What interrium relief you had claimed? If you had claimed not to obstruct the peaceful enjoyment of the suit property and you have got order against your uncle then you file an application for breach of injunction order against your uncle in the same case. You have to give the evidence on the application. If you have not got any order then you cannot do anything.
niranjan
(Expert) 10 October 2010
If over and above gift deed,you have other documents to show your possession before you filed the suit,then you can file an application for mandatory injunction to restore you possession as you have already filed the police complaint that he has broken lock of your house,will help you.
s.subramanian
(Expert) 11 October 2010
I fully agree with Mr.Kirti.
Advocate. Arunagiri
(Expert) 11 October 2010
You are having the legally valid documents to show your ownership. No body can throw you out without any legal process. If your uncle had taken possession unlawfully, he had committed the offense of criminal tress passing and other offenses if any. Police complaint is the best choice.
