Recovery of possession
Narayanan
(Querist) 01 November 2011
This query is : Resolved
Sir, I am in possession of agricultural land vide sale agreement. Original title holder who obtained said land through Land reforms act. After 15 yrs he had handed over the possession to me and executed the sale agreement. Now he is no more and his LR's are taking steps to convey the title to me, i am carrying out the agricultural activities on the power of agreement. I had also constructed few sheds in the said land. mean while I had allowed one of my worker to stay in one of the shed temporarily on humanitarian gound as he had to immediatly vacate his house in some other place. After 3-4 month he went to native place because of ill health and never returned till now since last 6 months. His belongings and some items are in the said shed. I couldnot contact him personally but sent message to him asking him to vacate said shed. At first he demanded some money but I refused. now he had sent the key through one person introduced me as his friend. But the said key doesnot belong to the said shed. Now my querry is 1. Can I break open the lock since he had sent the key. if so how shall I dispose off his belongings. Is there any way I can take permission from the court. Somebody suggested me not to break open instead file a suit for recovery of possession. That is the safest method. Kindly suggest me the appropriate method for recovery. Can I file recovery of possession or should I ask the title holder to file the suit.
prabhakar singh
(Expert) 01 November 2011
It is not a case which can be discussed here.suit involves lengthy process,you should call him again and payoff some money and get rid of privately.
Raj Kumar Makkad
(Expert) 01 November 2011
Get some other master key in the presence of person sent by him and some other respectable persons, get prepared list of his belongings and get signature of witnesses and ask that person to send those through his representative of to put preserved those at some other place and then act accordingly. You should not file suit for recovery as it may waste your many years.
