Encroachment
Chetan
(Querist) 15 March 2010
This query is : Resolved
That my client had purchased the plot on 7/12/2009 through registered sale deed but 2 months before purchasing one strange person encroached oved the plot.
I served the notice to that person for vacate the plot and he denied in his reply notice.
what suit shall I have to file against him for evicting him.
pls provide me suit title and how the court fees be calculated for that suit (Maharashtra State)
Raj Kumar Makkad
(Expert) 15 March 2010
Chetan! Why did you purchase such plot if the same had already been encroached upon by a stranger two month before the registration of sale-deed?
How did you issued him notice for vacation when you had not become the owner of the property as merely agreement do not provide ownership rights in favour of proposed buyer?????
I think, if may be a typographic error and encroachment would have been made after two months of purchase instead of two months before purchase.
If my presumption is right then you shall have to file a suit for possession against the encoracher but you have not told on what ground, such person refused to vacate the plot?
On the basis of ground of refusal, file suit before competent court of law. In case of suit for possession, fixed court fee as per value of the plot is to be affixed on the memo of suit. You have not mentioned even the value of the plot so I am unable to tell you the exact court fee to be affixed.
niranjan
(Expert) 15 March 2010
It is criminal trespass,you can also file criminal complaint.
