Cause of Actions??
Querist :
Anonymous
(Querist) 02 January 2011
This query is : Resolved
Learned Advocates,
One defendant has encroached in March 2010 and another has started in Nov. 2010, I ignored the encroachment by first one since the area of the land encroached was less and this encouraged the 2nd one and has encroached a substantial land.
Here the property is same, nature of encroachment too is same and encroachers too are neighbor themselves and both have encroached east portion of the land side by side. Only month of encroachment differs.
So shall i mention different cause of action?
What are the other options?
Is regular civil/title suit for recovery of possession is better than Sect 6 of Specific Relief Act?
Please answer.
Happy healthy and prosperous New Year-2011 and Thanks to all.
Kirti Kar Tripathi
(Expert) 02 January 2011
The cause of action in any suit is meant for determination of period of limitation and territorial jurisdiction of Court. In a suit there may be nos. of cause of action on the basis of facts. In the present case, you have take to different dates as cause of action as against the defendant no. 1 i.e. the date when he allegedly encroached the land another against the defendant no. 2 i.e.the date when he allegedly encroached the land.
The suit for recovery of possession is to required to be filed but simultaneously you can seek injunction against defendants not to make any construction on the said land.
Querist :
Anonymous
(Querist) 02 January 2011
Please have a look at the cause of action mentioned is correct or not, please suggest any correction also-
“That the cause of action arose several times when defendants removed the existing boundary wall during the month of April 2010 and no 1 had forcibly and illegally started construction thereafter and lastly in the month of November 2010 when the defendant no. 2 has illegally and forcibly entered upon the suit land and started raising construction over it, both the defendants threatened to construct the building over the suit land by amalgamating the same with the land of the defendants in the northern boundary and is within the jurisdiction of this court.”
Also the relief prayed is below-
(F) It be adjudicated and declared that the plaintiffs have indefeasible right, title and interest of the suit land and the defendants having no interest thereon, has wrongfully acted to trespass over the suit land and they are liable to be ejected.
(G) The defendants be ejected from the suit land under the process of the court.
(H) The defendants be permanently restrained by issuance of injunction not to act any manner for further construction of building by amalgamating the suit land with their land in northern boundary and defendants and their men be restrained by injunction to not to interfere with the suit land.
(I) The cost of suit be awarded to the plaintiffs.
(J) The plaintiff be awarded any other relief or reliefs which the court deems the plaintiff to be entitled.
Are the above things are correct or need correction?
Thanks to all.
adv. rajeev ( rajoo )
(Expert) 02 January 2011
You will to file two different suits against both the encrocahers within 2 years from the date of encroachment. Cause of action may be on the same day.
s.subramanian
(Expert) 02 January 2011
Your pleas on cause of action and the prayer are alright. You can proceed. All the very best.
Querist :
Anonymous
(Querist) 02 January 2011
Sir thanks for the reply,
To seek injunction against defendants not to make any construction on the said land, do I will have to file separate petition. Since I have mentioned it in the plaint itself.
Thanks to all
Kirti Kar Tripathi
(Expert) 03 January 2011
you can seek relief in the present suit. no separate suit will lie, it will amounts to constructive res judicata.
