Property schedule boundaries
Querist :
Anonymous
(Querist) 28 April 2018
This query is : Resolved
Dear Experts,
I have bought a 2 acre farm land sold by a farmer family (gift deed from Husband to wife out of 5 acres), with schedule of property including roads on two sides and the vendors land on the other two sides, 2+ years ago. On one of the sides is a gravational canal (Nala, that existed for decades) adjoining my land next to road running all along for 250+meters. We have built a fence with vendors agreement (that I will not get the Nala part), villagers witness, ~2.5 years ago excluding this canal. I have also gotten a Survey partitioned assigned for the land. Now this farmer started dispute that I need to also take the canal as part of my land which is about 0.5 acre (between road and fence all along), as my property schedule boundaries indicate between the two roads. We have done the Survey (with Tehasil office surveyor) Sept2017 and the land within the fence in possession belongs to me (Panchanama signed by farmer (husband) with initials though, in presence of several villagers witness). However the farmer still insist that I move into the canal (Nala) because the boundaries indicated road on both sides in the registration document. He has removed the fence late Dec2017 which covers about 0.5 acre part saying that I have excess land and that I need to move into Nala.
I have started Guava plantation in the 2 acres, with drip facility 2.5 year's ago;
An entry gate, an RCC Water storage construction and a cement pipes culvert to cross the Nala into gate has been done 2.5 year's ago which comes under the disputed portion.
I have tried to settle with other villagers headmen but this farmer will not listen.
I have arranged to send a court notice order 2 months ago and this farmer has also filled a counter petition (with the claim that including Nala he has 2.5 acres land, the Nala come under his overall 5 acres). He is resisting any farming activity in the disputed area for the last 4-5 months; he has removed the drip pipes in the disputed area and hidden them.
What options do I have now:
(1) is there a chance to get the Injunction order to continue with Guava farming with the counter petition, if so how much time does it take.
Sincerely
S
Ms.Usha Kapoor
(Expert) 29 April 2018
Within a short period you will get injunction to carry on with Guava plantation as in your original sanctioned plan Nala is not there. It's an after thought by your opposite party neighbor.
Dr J C Vashista
(Expert) 29 April 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for "S" who is an anonymous author.
